Common use of DAMAGE TO PREMISES Clause in Contracts

DAMAGE TO PREMISES. If the building in which the Premises are located is damaged by fire or other casualty, CNS shall give Notice to THE CUSTOMER of such damage as quickly as practicable under the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusable.

DAMAGE TO PREMISES. If Tenant shall notify Landlord in writing immediately upon the building in which occurrence of any damage to the Premises are located is damaged by fire or other casualtycasualty ("Casualty Notice"). Landlord shall notify Tenant ("Landlord's Repair Notice") within sixty (60) days after receipt of a Casualty Notice as to the amount of time, CNS shall give Notice Landlord reasonably estimates it will take to THE CUSTOMER of such damage as quickly as practicable under repair and restore the circumstancesPremises. If the landlord repair and restoration is estimated to exceed three (300) days, then Tenant may elect to terminate this Lease upon written notice to the other party given no later than thirty (30) days after Landlord delivers Landlord's Repair Notice. If Tenant elects not to terminate this Lease or if Landlord estimates that the construction time to repair and restore the Premises will take three hundred (300) days or less, then Landlord shall promptly repair and restore the Premises (but not any Tenant Alterations or Trade Fixtures or machinery, equipment or other personal property of Tenant), subject to actual receipt by Landlord of sufficient insurance proceeds to complete such repair and restoration, delays arising from the collection of insurance proceeds, Tenant Delay or Force Majeure events. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damages to the Premises, except for those proceeds of Tenant's insurance for Tenant Alterations, Trade Fixtures, Tenant's personal property and Rental Interruption Insurance. All such insurance proceeds shall be payable to Landlord whether or not the Premises is to be repaired and restored; provided, however, if this Lease is not terminated and the parties proceed to repair and restore Tenant Alterations and Trade Fixtures at Tenant's cost, to the extent Landlord received proceeds of Tenant's insurance covering Tenant Alterations and Trade Fixtures, such proceeds shall be applied to reimburse Tenant for its cost of repairing and restoring Tenant Alterations and Trade Fixtures. Tenant shall have the right to terminate the Lease by written notice if Landlord does not complete the restoration of the Premises or CNS exercises an option by the date which is sixty (60) days after the estimated completion date set forth in Landlord's notice above, subject to Force Majeure events. Tenant shall not have the right to terminate a particular lease or license due this Lease pursuant to this Section 7.01 if any damage or destruction was caused by the act or neglect of the Premises Tenant or its employees, agents, contractors or invitees. Tenant at Tenant's sole cost and expense shall promptly perform, subject to such lease delays arising from the collection of insurance proceeds or licenseForce Majeure events, all repairs or if landlord determines restoration not required to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and be done by Landlord pursuant to this License Section 0. Tenant shall terminate as of the date of such exercise or decision as pay to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License Landlord with respect to any damage to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on Premises the amount of square footage the deductible under any insurance policy within thirty-five (35) days after presentment of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableLandlord's invoice.

DAMAGE TO PREMISES. If the building in which Tenant will repair promptly at its expense any damage to the Premises are located is damaged and, upon demand, shall reimburse Landlord (as Additional Rent) for the cost of the repair of any damage elsewhere on or in the Center, caused by fire or other casualtyarising from the installation or removal of property or fixtures in or from the Premises, CNS shall give Notice to THE CUSTOMER regardless of fault or by whom such damage as quickly as practicable under the circumstancesshall be caused (unless caused by Landlord, its agents, employees or contractors). If Tenant fails to commence such repairs within five (5) days after notice to do so, or complete such repairs prior to the landlord termination or sooner expiration of the Premises Term, then Landlord may make or CNS exercises an option cause the same to terminate a particular lease be made and Tenant agrees to pay to Landlord promptly upon Landlord's demand, as Additional Rent, the cost thereof with interest thereon at the Default Rate until paid. At Landlord's election, Tenant shall also (i) repair or license due remediate promptly, and at Tenant's expense, or (ii) reimburse Landlord (as Additional Rent) for the cost of repairs or remediation of, any damage to or dangerous condition created within the Center, if such damage or destruction of the Premises subject dangerous condition was caused or created by Tenant, its agents, employees or contractors. If Tenant fails to commence such lease repair or licenseremediation within five (5) days after Landlord's notice to do so, or if landlord determines not Landlord elects to rebuild undertake such building repair or portion thereof in which remediation for the Licensed Area is locatedaccount of Tenant, then Tenant agrees to pay to Landlord promptly upon Landlord's demand, as Additional Rent, the relevant Colocation Services Order and cost thereof with interest thereon at the Default Rate until paid. Tenant's obligations for Additional Rent hereunder shall survive the termination of this License shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableLease.

DAMAGE TO PREMISES. A. In the event of any damage to or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees arising in whole or in part from Tenant's failure to implement Sound Farming and Conservation Practices (hereinafter collectively referred to as "Damage"), Tenant shall, at Tenant's sole cost and expense, promptly repair such Damage. All determinations as to whether Tenant has implemented Sound Farming and Conservation practices shall be made by Landlord in consultation with NRCS or the appropriate Soil Conservation District on the basis of Tenant's Farm Conservation Plan. If there is no approved plan, Landlord shall make this determination in consultation with NRCS or the building appropriate Soil Conservation District. If Landlord determines that such Damage should not be repaired, Tenant shall be responsible to Landlord for the diminution in which value of the Premises. In the event that Tenant, after receipt of a written notice from Landlord describing Tenant's failure to comply with Tenant's obligations under this Paragraph, fails to commence and substantially correct the conditions described in said notice, Landlord may, upon being notified by Landlord that Tenant is in violation of the terms and conditions of the Lease, terminate this Lease or, in its sole discretion, enter upon the Premises are located and perform such work as Landlord determines is damaged necessary to correct said conditions. Tenant shall, after written demand therefor by fire or other casualtyLandlord, CNS shall give Notice to THE CUSTOMER reimburse Landlord for all costs incurred by Landlord in performance of such damage as quickly as practicable under work. Landlord shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject and/or any Improvements thereon. This Lease shall not be construed to such lease require or license, or if landlord determines not obligate Landlord to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as cause any Damage to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall Premises to be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion benefit of the Licensed Area rendered unusableTenant.

DAMAGE TO PREMISES. If Upon the building occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in which the Premises and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, and the Premises are located is damaged not occupied by fire or other casualtyTenant as a result thereof, CNS then during the time and to the extent the Premises are unfit for occupancy, the Rent shall give Notice be abated in proportion to THE CUSTOMER the ratio that the amount of such damage as quickly as practicable under the circumstances. If the landlord rentable square feet of the Premises or CNS exercises an option which is unfit for occupancy for the purposes permitted under this Lease bears to terminate a particular lease or license due to damage or destruction the total rentable square feet of the Premises subject Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to such lease or license, or if landlord determines not rent abatement pursuant to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License preceding sentence shall terminate as of the date of such exercise or decision as which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordinglyPremises assuming Tenant used reasonable due diligence in connection therewith. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusable.LAKESHORE TOWERS BUILDING II [United PanAm Financial Corp.]

DAMAGE TO PREMISES. If the building in which the Premises are located is hereafter damaged or destroyed or rendered partially untenantable for their customary use by fire or other casualty, CNS Landlord shall give Notice apply any insurance proceeds, or, in its sole discretion, cause Tenant to THE CUSTOMER apply the proceeds of insurance described in Article XI of this Lease to promptly repair the same to substantially the same condition which they were in immediately prior to the happening of such damage as quickly as practicable under casualty, including all floor coverings, wall coverings, drapes and equipment required by this Lease to be insured by the circumstancesTenant. If From the landlord date of such casualty until the Premises are so repaired and restore& unless delayed by action of the Tenant, the Minimum Monthly Rent payments payable hereunder shall xxxxx for the Tenant in proportion to the part of Premises occupied by the Tenant destroyed or CNS exercises an option rendered untenantable. The Landlord shall not be obligated to repair and restore the Premises if such casualty is caused directly or indirectly by the negligence or intentional act of Tenant, its agents, and employees, and the Landlord shall not be required to expend for such repair or restoration any amount in excess of the insurance proceeds recovered as a result of such damage. However, if the Premises be damaged, destroyed, or rendered untenantable for their accustomed uses to the extent of more than 50% of the cost to replace or restore the entire Premises during or after the last five years of the original term of this Lease, then Landlord shall have the right to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate Lease effective as of the date of such exercise casualty by giving to Tenant, within 60 days after the happening of such casualty, written notice of, such termination. If such notice is not given and Landlord is required or decision elects to repair or restore the Premises as herein provided, then Tenant shall promptly repair or replace its~ leasehold improvements, stock in trade, fixtures, furnishings, furniture, carpeting, wall coverings, floor coverings, drapes and equipment to the affected Licensed Areasame condition as they were in immediately prior to the casualty, and if Tenant has closed its business, Tenant shall promptly reopen for business upon the Colocation Services fees and charges paid completion of such repairs. Tenant shall reimburse Landlord for any cost incurred by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right Landlord in connection with any casualty to terminate, then once the landlord has restored the building and the Premises, CNS shall repair which are not otherwise covered by the particular Licensed Area to substantially the same condition it was insurance described in prior to the damage, completing the same with reasonable speed considering all Article XI of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableLease.

DAMAGE TO PREMISES. If Upon the building occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the Original Improvements installed in which the Premises and shall return such Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Original Improvements installed in the Premises and shall return such Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are located is damaged not occupied by fire or other casualtyTenant as a result thereof, CNS then during the time and to the extent the Premises are unfit for occupancy, the Rent shall give Notice be abated in proportion to THE CUSTOMER the ratio that the amount of such damage as quickly as practicable under the circumstances. If the landlord rentable square feet of the Premises or CNS exercises an option which is unfit for occupancy for the purposes permitted under this Lease bears to terminate a particular lease or license due to damage or destruction the total rentable square feet of the Premises subject Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's right to such lease or license, or if landlord determines not rent abatement pursuant to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License preceding sentence shall terminate as of the date of such exercise or decision as which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was assuming Tenant used reasonable due diligence in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableconnection therewith.

DAMAGE TO PREMISES. If Upon the building occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in which the Premises and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof. Notwithstanding the foregoing, (i) if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, and the Premises are located is damaged not occupied by fire or other Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy until the Premises shall be restored to the condition existing prior to such casualty, CNS the Rent shall give Notice be abated in proportion to THE CUSTOMER the ratio that the amount of such damage as quickly as practicable under the circumstances. If the landlord rentable square feet of the Premises or CNS exercises an option which is unfit for occupancy for the purposes permitted under this Lease bears to terminate a particular lease or license due to damage or destruction the total rentable square feet of the Premises, and (ii) if Tenant cannot and does not operate its business from the Premises subject despite the fact that the Premises are not completely damaged, in which case rent shall xxxxx in full during the time and to the extent the Premises are unfit for occupancy until the earlier of the date Tenant operates its business from the Premises or the date the Premises shall be restored to the condition existing prior to such lease or licensecasualty. In the event that Landlord shall not deliver the Landlord Repair Notice, or if landlord determines not Tenant’s right to rebuild such building or portion thereof in which rent abatement pursuant to the Licensed Area is located, the relevant Colocation Services Order and this License preceding sentence shall terminate as of the date of such exercise or decision as which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was assuming Tenant used reasonable due diligence in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableconnection therewith.

DAMAGE TO PREMISES. If the building in which the Premises are located is damaged by fire or other casualtyIf, CNS shall give Notice to THE CUSTOMER because of such damage as quickly as practicable under the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as to the affected Licensed AreaPremises, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises Landlord has the right to terminateterminate the Lease (a) under Paragraph 11.2A of this Lease, or (b) under Paragraph II. 2D (I) of this Lease solely on the ground that the cost of restoration are not reasonable within the meaning of said Paragraph 11.2D(I); then once the landlord has restored the building and the Premises, CNS in either case Tenant shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate avoid such termination and have the relevant Colocation Services Order and Lease continue if Tenant fulfills the conditions set forth in this License with respect to the affected Licensed Area, which Paragraph. The option shall be exercised by written notice to Landlord that Tenant will pay for all of the sole remedy available costs and expenses of said restoration to THE CUSTOMER against CNS the extent that same are not covered and paid by insurance. Such notice must be given within ten (10) days after Landlord has given Tenant notice of termination under this Agreement relating to such failureParagraphs, and if such notice is not given within the specified time, such option shall be of no further force or effect. If Tenant exercised such an option, then Landlord shall give Tenant written notice of Landlord's estimate of (a) the Licensed Area or any portion thereof costs and expenses of restoration, and (b) the Landlord's anticipated insurance proceeds, if any. Within thirty (30) days of Tenant's receipt of this notice, Tenant shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on deposit with Landlord the amount of square footage the difference stated in Landlord's written estimate between Landlord's insurance proceeds and the costs and expenses of restoration. If Tenant does not deposit such funds within the specified time, then Landlord's notice of termination shall be deemed valid as originally given, and Tenant's exercise of the Licensed Area which is rendered unusableoption granted in this Paragraph shall be null and void. When the Premises have been rebuilt, Landlord shall account to Tenant for the period from actual costs and expenses of rebuilding and the date actual insurance proceeds. Within thirty (30) days of such damage Landlord's accounting, Tenant shall pay to the date when such damage shall have been repaired Landlord any further sum necessary to fully reimburse Landlord for the portion difference between its actually recovered insurance proceeds and its actual costs of construction, or Landlord shall reimburse the Tenant for any amount paid by Tenant in excess of the Licensed Area rendered unusable.difference between Landlord's actually recovered insurance proceeds and its actual costs of construction, as the case may be

DAMAGE TO PREMISES. If the building in which the Premises are located is hereafter damaged or destroyed or rendered partially untenantable for their customary use by fire or other casualty, CNS Landlord shall give Notice apply any insurance proceeds, or, in its sole discretion, cause Tenant to THE CUSTOMER apply the proceeds of insurance described in Article XI of this Lease to promptly repair the same to substantially the same condition which they were in immediately prior to the happening of such damage as quickly as practicable under casualty, including all floor coverings, wall coverings, drapes and equipment required by this Lease to be insured by the circumstancesTenant. If From the landlord date of such casualty until the Premises are so repaired and restored unless delayed by action of the Tenant, the Minimum Monthly Rent payments payable hereunder shall xxxxx for the Tenant in proportion to the part of Premises occupied by the Tenant destroyed or CNS exercises an option rendered untenantable. The Landlord shall not be obligated to repair and restore the Premises if such casualty is caused directly or indirectly by the negligence or intentional act of Tenant, its agents, and employees, and the Landlord shall not be required to expend for such repair or restoration any amount in excess of the insurance proceeds recovered as a result of such damage. However, if the Premises be damaged, destroyed, or rendered untenantable for their accustomed uses to the extent of more than 50% of the cost to replace or restore the entire Premises during or after the last five years of the original term of this Lease, then Landlord shall have the right to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate Lease effective as of the date of such exercise casualty by giving to Tenant, within 60 days after the happening of such casualty, written notice of, such termination. If such notice is not given and Landlord is required or decision elects to repair or restore the Premises as herein provided, then Tenant shall promptly repair or replace its~ leasehold improvements, stock in trade, fixtures, furnishings, furniture, carpeting, wall coverings, floor coverings, drapes and equipment to the affected Licensed Areasame condition as they were in immediately prior to the casualty, and if Tenant has closed its business, Tenant shall promptly reopen for business upon the Colocation Services fees and charges paid completion of such repairs. Tenant shall reimburse Landlord for any cost incurred by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right Landlord in connection with any casualty to terminate, then once the landlord has restored the building and the Premises, CNS shall repair which are not otherwise covered by the particular Licensed Area to substantially the same condition it was insurance described in prior to the damage, completing the same with reasonable speed considering all Article XI of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableLease.

DAMAGE TO PREMISES. If the building in which the Premises are located is damaged by fire or other casualty, CNS shall give Notice Williams xxxxx xxve notice to THE CUSTOMER CTC of such damage as quickly as practicable under the circumstances. If the landlord of the Premises a Landlord or CNS exercises Williams xxxxxxxxs an option to terminate a particular lease or license Lease due to damage or destruction of the Premises subject to such lease or licenseLease, or if landlord determines Williams xxxxxxx not to rebuild such building or portion thereof in which the Licensed Area Rack Space is located, the POP Collocation Service and license granted hereunder or under the relevant Colocation Services Order and this License Collocation Service Order(s) shall terminate as of the date of such exercise or decision as to the affected Licensed Area, Rack Space and the Colocation Services service fees and charges paid by THE CUSTOMER CTC shall be adjusted modified accordingly. If neither the landlord Landlord of the affected Premises nor CNS exercises Williams xxxxxxxxs the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair Williams xxxxx xxpair the particular Licensed Area Rack Space to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipmentspeed. In the event that CNS shall fail Williams xxxxx xxil to complete the repair within a reasonable time period under the circumstancesperiod, THE CUSTOMER CTC shall thereupon have the option to terminate the relevant Colocation POP Collocation Services Order and this License with respect to the affected Licensed AreaRack Space, which option shall be the sole remedy available to THE CUSTOMER CTC against CNS under this Agreement Williams xxxxx xxis Exhibit relating to such failure. If the Licensed Area Rack Space or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services service fees and charges for such Licensed Area Rack Space shall proportionately xxxxxabate, based on baxxx xn the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area Rack Space rendered unusable. 13. Conduct in Rack Space & Premises: CTC shall abide by Williams' xxx xxxlicable Landlord's rules with regard to conduct in the Premises of which it has been made aware by either Landlord or Williams. Xxxx xules include, but are not limited to, a prohibition against smoking in the Rack Space or the Premises by CTC's employees, agents, representatives, contractors, subcontractors, invitees or licensees. Further, CTC shall maintain the Rack Space in a safe condition, including but not limited to the preclusion of storing combustible materials in the Rack Space. Expiration of Collocation Service Term for Short-Term Rack Spaces.* *THIS PORTION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION

DAMAGE TO PREMISES. If the Demised Premises shall be partially damaged by any casually insurable under the Landlord’s insurance policy. Landlord shall, upon receipt of the insurance proceeds, provided same are sufficient to cover the cost, and, subject to the rights of any mortgagees. repair the same with reasonable speed, and a just and proportionate part of the rent shall be abated until so repaired. The obligation of the Landlord hereunder shall be limited to the basic building in of storefront. If more than fifty (50%) percent of the Demised Premises shall be rendered untenantable or should be damaged as a result of a risk which is not covered by Landlord’s insurance, or if fifty (50%) percent or more of the Premises are located is gross leasable area of the Shopping Center shall be damaged or destroyed by fire or other casualtycause, CNS notwithstanding that the Demised Premises may be unaffected by such event, then or in any such event. Landlord may elects to repair the damage or cancel this Lease within ninety (90) days of said occurrence by notice of cancellation to Tenant and Tenant shall give Notice vacate the Demised Premises. Unless this Lease is terminated by Landlord. Tenant shall hold the proceeds of all insurance carried by Tenant on its property and improvements in trust for the purpose of repair and replacement in the event Landlord elects to THE CUSTOMER repair the damage any abatement of such damage as quickly as practicable under rent shall and five (5) days after notice by Landlord to Tenant that the circumstancesDemised Premises have been repaired. If any damage is caused by the landlord negligence of Tenant or its employees the damages shall be repaired by Landlord upon receipt of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or licenseinsurance proceeds, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER but there shall be adjusted accordingly. If neither the landlord no abatement of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipmentrent. In the event that CNS a portion of the Demised Premises is damaged or destroyed so as to substantially interiere with Tenant’s use of premises which damage in landlord determination cannot be remedied within hundred eighty (180) days of destruction. Tenant shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option right to terminate the relevant Colocation Services Order and this License with respect lease by written notice to landlord within sixty (60) days of Landlord’s Determination that the affected Licensed Area, which option shall Premises cannot be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusablerestored within one hundred eighty(180)days.

DAMAGE TO PREMISES. 18.01 If the Leased Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall promptly, at its own expense, cause such damage to be repaired, and the rent shall not be abated; if by reason of such occurrence the Leased Premises shall be rendered untenantable only in part, Landlord shall promptly, at its own expense, cause the damage to be repaired, and meanwhile the rent shall be abated proportionately to the portion of the Leased Premises rendered untenantable; if by reasons of such occurrence the Leased Premises shall be rendered wholly untenantable, Landlord shall promptly, at its own expense, cause such damage to be repaired, and the rent meanwhile shall be abated in whole, unless within sixty (60) days after such occurrence Landlord shall give Tenant written notice that it has elected not to reconstruct the destroyed Leased Premises, in which event this Lease and the tenancy hereby created shall cease as of the date of said occurrence and the rent shall be adjusted as of such date. Landlord shall not be required to repair or replace any property which the Tenant may be entitled to remove from the Leased Premises. No damages, compensation or claims shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of the Leased Premises or of the building in which the Leased Premises are located is damaged by fire or other casualty, CNS form a part. All rent paid in advance shall give Notice to THE CUSTOMER of such damage as quickly as practicable under be apportioned in accordance with the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate foregoing provisions as of the date of such exercise damage; however, notwithstanding the foregoing, if the damage results wholly or decision as in part from the fault of the Tenant, its agents, contractors, employees or invitees, Tenant shall not be entitled to termination of any abatement or reduction in rent. Notwithstanding anything herein to the affected Licensed Areacontrary, if fifty percent (50%) or more of the Leased Premises is untentable because of a casualty, and independent third party construction experts indicate that repair and reconstruction of the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordinglydestroyed Leased Premises will require in excess of sixty (60) days to place it back into a condition that Tenant may occupy same, then within five (5) business days after such determination ("Tenant's Final Termination Date"),Tenant may terminate this Lease. If neither the landlord of the affected Premises nor CNS exercises the right to Tenant does not so terminate, then once Landlord shall proceed to rebuild and restore the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusableLeased Premises as soon as practicable.

DAMAGE TO PREMISES. (a) If the building Building, the Premises, or any portion of the Landlord Personalty are destroyed or rendered untenantable or unusable, either wholly or in which the Premises are located is damaged part, by fire or other casualtycause of damage or loss (“Damage Event”), CNS shall give Notice to THE CUSTOMER Tenant will immediately notify Landlord in writing upon the occurrence of such Damage Event. Landlord may elect either to (i) repair the damage and replace the loss of property caused by such Damage Event (including the loss of Landlord Personalty) as quickly soon as practicable under the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or licensereasonably possible, in which case this Lease will remain in full force and effect, or if landlord determines not to rebuild such building or portion thereof in which (ii) terminate the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate Lease Term as of the date of the Damage Event occurred; and in either event Landlord shall receive and retain all insurance proceeds from such exercise or decision as Damage Event relating to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall the Rent and the Landlord Personalty. Landlord will notify Tenant within 30 days after receipt of notice of the Damage Event whether Landlord elects to repair the particular Licensed Area to substantially damage and replace the same condition it was in prior to loss of property caused by such Damage Event (including the damage, completing the same with reasonable speed considering all loss of the facts and circumstances. In no event shall CNS have any obligation to repair Landlord Personalty) or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect Lease Term. Unless Tenant establishes that the Damage Event was caused solely by the willful misconduct of Landlord, Tenant will immediately pay Landlord upon demand an amount equal to the affected Licensed Arealesser of (x) the deductible amount (up to $50,000) under either the Casualty Insurance for Landlord or the Landlord Insurance (as applicable) allocable to the damage to and the loss of the Premises and the Landlord Personalty, which option shall or (y) the cost to repair such damage and replace such loss (as reasonably estimated by Landlord) if such cost is less than $50,000; such payment to be made by Tenant whether Landlord elects to terminate the sole remedy available Lease Term or Landlord elects to THE CUSTOMER against CNS under this Agreement relating to such failurerepair the damage and replace the loss. If the Licensed Area Damage Event was caused by the gross negligence or willful misconduct of Tenant or its employees, agents, contractors or invitees, Tenant’s liability to Landlord under the preceding sentence for the deductible amount will not be limited to $50,000. Upon any portion thereof Damage Event, Tenant shall be rendered unusable assign to Landlord and cause the insurer to remit promptly to Landlord all insurance proceeds payable under any of the Property Insurance for Landlord, and if such proceeds are unavailable to Landlord or inadequate as a result of Tenant’s failure to obtain and maintain the Property Insurance for Landlord required by reason Section 8.01 of such damagethis Lease, the Colocation Services fees and charges for such Licensed Area then Tenant shall proportionately xxxxx, based on immediately pay to Landlord an amount in cash equal to the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date insurance proceeds that would have been payable to Landlord as a result of such damage to Damage Event if Tenant had maintained the date when such damage shall have been repaired Property Insurance for the portion of the Licensed Area rendered unusableLandlord required by Section 8.01, plus any deductible amount.

DAMAGE TO PREMISES. A. In the event of any damage to or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees arising in whole or in part from Tenant's failure to implement Sound Farming and Conservation Practices (hereinafter collectively referred to as "Damage"), Tenant shall, at Tenant's sole cost and expense, promptly repair such Damage. All determinations as to whether Tenant has implemented Sound Farming and Conservation practices shall be made by Landlord in consultation with NRCS or the appropriate Soil Conservation District on the basis of Tenant's Farm Conservation Plan. If there is no approved plan, Landlord shall make this determination in consultation with NRCS or the building appropriate Soil Conservation District. If Landlord determines that such Damage should not be repaired, Tenant shall be responsible to Landlord for the diminution in which value of the Premises. In the event that Tenant, after receipt of a written notice from Landlord describing Xxxxxx's failure to comply with Tenant's obligations under this Paragraph, fails to commence and substantially correct the conditions described in said notice, Landlord may, upon being notified by Landlord that Tenant is in violation of the terms and conditions of the Lease, terminate this Lease or, in its sole discretion, enter upon the Premises are located and perform such work as Landlord determines is damaged necessary to correct said conditions. Tenant shall, after written demand therefor by fire or other casualtyLandlord, CNS shall give Notice to THE CUSTOMER reimburse Landlord for all costs incurred by Landlord in performance of such damage as quickly as practicable under work. Landlord shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject and/or any Improvements thereon. This Lease shall not be construed to such lease require or license, or if landlord determines not obligate Landlord to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as cause any Damage to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall Premises to be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion benefit of the Licensed Area rendered unusableTenant.

DAMAGE TO PREMISES. (a) If the building in which the Premises are located is damaged destroyed or rendered untenantable, either wholly or in part, by fire or other casualtycasualty ("Casualty"), CNS shall give Notice to THE CUSTOMER Tenant will immediately notify Landlord in writing upon the occurrence of such Casualty. Landlord may elect either to (i) repair the damage caused by such casualty as quickly soon as practicable under reasonably possible, in which case this Lease will remain in full force and effect, or (ii) terminate the circumstancesLease Term as of the date the Casualty occurred. Landlord will notify Tenant within sixty (60) days after receipt of notice of the Casualty whether Landlord elects to repair the damage or terminate the Lease Term. If Landlord elects to repair the landlord damage, Tenant will pay Landlord the portion of the deductible amount (which deductible shall not exceed $25,000) under Landlord's insurance allocable to the damage to the Premises and, if the damage was due to an act or omission of Tenant or its employees, agents, contractors or invitees, the difference between the actual cost of repair and any insurance proceeds received by Landlord. (b) If (i) based on the estimate of Landlord's architect or contractor, it will take Landlord more than nine (9) months to rebuild the Premises or (ii) the Casualty occurs during the last six (6) months of the Lease Term and the damage is estimated by Landlord to require more than thirty (30) days to repair, Tenant may elect to terminate the Lease Term as of the date the Casualty occurred, which must be exercised by written notification to Landlord within ten (10) days after receipt of notice regarding the estimate of the time required to rebuild.. (c) If the Premises is destroyed or damaged by Casualty and Landlord elects to repair or restore the Premises pursuant to the provisions of this Article 10, any Rent payable during the period of such damage, repair and/or restoration will be reduced according to the degree, if any, to which Tenant's use of the Premises is impaired. (d) The provisions of this Section will govern the rights and obligations of Landlord and Tenant in the event of any damage or CNS exercises an option destruction of or to the Premises. Tenant waives the protection of any statute, code or judicial decision which grants a tenant the right to terminate a particular lease or license due to in the event of the damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordinglyleased property. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, CNS shall repair the particular Licensed Area to substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the facts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-provided Equipment. In the event that CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such failure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the Colocation Services fees and charges for such Licensed Area shall proportionately xxxxx, based on the amount of square footage of the Licensed Area which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Licensed Area rendered unusable.SECTION 2: