Common use of Damage to the Premises Clause in Contracts

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

Damage to the Premises. (1) If the Premises shallor the building in which the Premises are located, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be are damaged or destroyed destroyed, in whole or in part, by fire or other casualty covered by standard policies of fire and extended coverage insurance and such peril, then the following provisions shall apply: (a) if the damage or destruction renders the Premises unfit for occupancy and impossible to repair or rebuild using reasonable diligence within one hundred twenty (exclusive of Tenant’s leasehold improvements120) could reasonably be repaired within ninety (90) working clear days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair of such damage or destruction, exclusive of Tenant’s leasehold improvements which then the Term hereby granted shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of cease from the date of such the damage or destruction occurred, and both parties the Tenant shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior immediately surrender the remainder of the Term and give possession of the Premises to the date Landlord, and the Rent from the time of such the surrender shall xxxxx; (b) if the Premises can with reasonable diligence be repaired and rendered fit for occupancy within one hundred twenty (120) clear days from the happening of the damage or destruction. If Landlord elects or is required to restore , but the damage renders the Premises and promptly commences and thereafter diligently pursues such restorationwholly unfit for occupancy, then this Lease the rent hereby reserved shall not terminateaccrue after the day that such damage occurred, notwithstanding or while the process of repair is going on, and the Landlord shall repair the Premises with all reasonable speed, and the Tenant's obligation to pay Rent shall resume immediately after the necessary repairs have been completed; (c) if the leased Premises can be repaired within one hundred twenty (120) clear days as aforesaid, but the damage is such that the actual time required for leased Premises are capable of being partially used, then until such repairs or restoration may exceed that contemplated by damage has been repaired, the parties and Tenant shall be entitled to a temporary reduction continue in Fixed Minimum Rent, possession and the Rent shall xxxxx proportionately. (2) Any question as determined by Landlord, corresponding to the time during which and that portion degree of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the period of time required to repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there rebuild shall be no reduction in Fixed Minimum Rent if such damage determined by an architect or destruction was engineer retained by the result Landlord. (3) Apart from the provisions of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2Section 9(1) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement from or reduction of Fixed Minimum the Rent as a result thereofpayable by the Tenant, nor shall the Tenant be entitled to claim against the Landlord for any damages, general or special, caused by fire, water, sprinkler systems, partial or temporary failure or stoppage of services or utilities which the Landlord is obliged to provide according to this Lease, from any cause whatsoever.

Damage to the Premises. (1) If the Premises shallor the building in which the Premises are located, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be are damaged or destroyed destroyed, in whole or in part, by fire or other casualty covered by standard policies of fire and extended coverage insurance and such peril, then the following provisions shall apply: (a) if the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired renders the Premises unfit for occupancy and impossible to repair or rebuild using reasonable diligence within ninety (90) working 120 clear days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair of such damage or destruction, exclusive then the Term hereby granted shall cease from the date the damage or destruction occurred, and the Tenant shall immediately surrender the remainder of Tenant’s leasehold improvements which the Term and give possession of the Premises to the Landlord, and the Rent from the time of the surrender shall be the sole responsibility of Tenant. xxxxx; (b) If the Premises cannot reasonably can with reasonable diligence be restored repaired and rendered fit for occupancy within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore 120 days from the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as happening of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore , but the damage renders the Premises and promptly commences and thereafter diligently pursues such restorationwholly unfit for occupancy, then this Lease the rent hereby reserved shall not terminateaccrue after the day that such damage occurred, notwithstanding or while the process of repair is going on, and the Landlord shall repair the Premises with all reasonable speed, and the Tenant’s obligation to pay Rent shall resume immediately after the necessary repairs have been completed; (c) If the leased Premises can be repaired within 120 days as aforesaid, but the damage is such that the actual time required for leased Premises are capable of being partially used, then until such repairs or restoration may exceed that contemplated by damage has been repaired, the parties and Tenant shall be entitled to a temporary reduction continue in Fixed Minimum Rent, possession and the Rent shall xxxxx proportionately. (2) Any question as determined by Landlord, corresponding to the time during which and that portion degree of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the period of time required to repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there rebuild shall be no reduction in Fixed Minimum Rent if such damage or destruction was determined by an architect retained by the result Landlord. (3) Apart from the provisions of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two Section 9 (21) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement from or reduction of Fixed Minimum Rent as a result thereofthe rent payable by the Tenant, nor shall the Tenant be entitled to claim against the Landlord for any damages, general or special, caused by fire, water, sprinkler systems, partial or temporary failure or stoppage of services or utilities which the Landlord is obliged to provide according to this Lease, from any cause whatsoever.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, employees or invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be obligated fully repaired within ninety (90) days from the date of such damage, Landlord upon written notice to repair the Tenant, in which event the rent shall be apportioned and paid to date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square foot area of the Premises. All injury or damage to the Premises or the Building caused by Tenant or its agents, employees and invitees, shall be repaired by Landlord, and any cost so incurred by Landlord not covered by insurance shall be paid by Tenant in which event such cost shall become additional rent payable with the installment of rent next becoming due under the terms of this Lease. Notwithstanding the foregoing, in the event the Premises are damaged following the second anniversary of the Commencement Date and the repair of the same shall take longer than ninety (90) days, Tenant shall have the right to terminate this Lease if upon written notice to Landlord provided Tenant shall remain responsible for the Premises are substantially damaged or destroyed by fire or any other cause during payment of rent through the last two (2) years date of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdamage.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire insured cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety 270 days after the date of such damage, or if the Premises are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then Land­lord may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Building resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant's expense, and Rent shall not xxxxx nor shall Tenant be entitled to terminate the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesLease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building following: (whether or not Premises are damaged or destroyedi) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly specialized Tenant improvements as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdetermined by Landlord; (ii) Altera­tions; or (iii) Tenant's Property.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, employeeslicensees, inviteescustomers, customers and employees. Notwithstanding anything in this Lease to the contraryclients, family members or guests, Landlord shall not be obligated diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved) repair such damage at the Premises and Landlord shall have the right to terminate this Lease expense of Landlord; provided, however, that if the Premises are substantially premises or Building is damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other causecause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord, upon written notice to Tenant, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the premises, Tenant shall be required to pay rent (as set forth in Paragraph 3) covering only that part of the premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant hears to the total date when such title vests in such governmental or quasi-governmental authority. If the damage or destruction less than a substantial part of the Premises premises is so minor that taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there rent shall be equitably adjusted (on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no abatement claim against Landlord (or otherwise) and hereby agrees to make no claim against the condemning authority for any portion of Fixed Minimum Rent the amount that may be awarded as damage as a result thereofof any governmental or quasi-governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease or for loss of profits or moving expenses or for any other claim or cause of action. For purposes of this Paragraph 15, a substantial part of the premises shall be considered to have been taken if more than fifty percent (50%) of the premises is unusable by Tenant as a direct result of such taking.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord’s sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant’s expense, and Basic Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction (exclusive occurs taking into account the time necessary to effect a satisfactory settlement with any insurance company involved, repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) plus any deductible(s) applicable to Landlord's insurance. Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment equitably applied to tenants with similar damages, remaining lease terms, and repair requirements, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord not Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share of Landlord's Operating Expense shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage; provided, however, that if in excess of twenty-five percent (25%) of the floor area of the Premises shall be damaged by the casualty at issue, then, at Tenant's election, and if Tenant shall cease its business operations within the Premises, then all Rent ordinarily payable with respect to the Premises shall xxxxx from the date of casualty until such time as the damage is substantially repaired. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Base Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any actual, reasonable, out-of-pocket third party. expense including labor and management time so incurred by Landlord, together with interest thereon at the full amount Interest Rate from ten (10) business days after Tenant's receipt of the proceeds of any business interruption insurance demand for the undiminished Fixed Minimum Rent and there payment, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result paid by Tenant within ten (10) business days of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesdemand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.Tenant

Damage to the Premises. If the Premises shall, shall be damaged by fire or ---------------------- other cause without the fault or neglect on negligence of Tenant or its Agents, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the part time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, its agentshowever, employeesthat Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, invitees, customers if the Premises or employees, be the Building is damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and cause to such an extent that, in Landlord's sole judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety two hundred (90200) working days from after the happening thereofdate of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored Tenant within said ninety thirty (9030) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within two hundred (200) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such two hundred (200) day period of time to be extended by the period of time of any delay outside the direct control of Landlord plus a reasonable period of time for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such two hundred (200) day period of time (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period of time that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total gross rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole but reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Basic Rent shall not abatx, xxcept in the event of mutual waiver of subrogation. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. (i) If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, any Building shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). If Landlord decides not to repair the damage because of a lack of insurance proceeds, exclusive Landlord will promptly so notify Tenant, and Tenant may terminate this Lease upon notice to Landlord given within thirty (30) days after the date of Tenant’s leasehold improvements Landlord's notice, in which case the Rent shall be apportioned and paid to the sole responsibility date of such termination. Notwithstanding the foregoing, if any Building shall be damaged by fire or other cause attributable to the fault or negligence of Tenant or its Agents, (a) Landlord shall repair such damage to the extent of available insurance proceeds, (b) Tenant shall pay the cost of the remaining repairs necessary to restore such Building to its condition prior to such damage and (c) this Lease shall remain in full force and effect. (ii) Notwithstanding subsection (i) above, if any Building is damaged by fire or other cause without the fault or negligence of Tenant or its Agents to such an extent that, in Landlord's reasonable judgment, the damage cannot be substantially repaired within two hundred (200) days after the date of such damage, Landlord will promptly so notify Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect damage or the repair thereof will materially affect Tenant's ability to restore use the Premises, Tenant may terminate this Lease upon notice to Landlord given within thirty (30) days from the date of Landlord's notice, in which case the Rent shall be apportioned and paid to the date of such termination. If Landlord Tenant does not elect to restore terminate this Lease but the Premisesdamage required to be repaired by Landlord is not repaired within two hundred (200) days from the date of such damage [such two hundred (200) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved], Tenant, within thirty (30) days from the expiration of such two hundred (200) day period (as the same may be extended), may terminate this Lease by notice to Landlord, in which case the Rent shall be apportioned and paid to the date of termination. (iii) Tenant assumes the entire risk of loss (including loss of use) of or damage to the Equipment, any Additional Equipment or any part thereof, from any cause whatsoever. No such loss or damage shall affect or impair the obligations of Tenant hereunder which shall continue in full force and effect. In the event of destruction of the Equipment, any Additional Equipment or any part thereof or damage thereto which cannot be repaired, Tenant shall promptly notify Landlord and Tenant shall replace any part thereof destroyed or damaged with a part or parts having a value and utility at least equal to the part replaced assuming such replaced part was in the condition and repair required to be maintained by the terms of this Lease; provided, however, in the event damage to the Equipment or any Additional Equipment, as the case may be, renders the Equipment or any Additional Equipment, as the case may be, a total loss, then Tenant shall, at its sole cost and expense, replace the Equipment or any Additional Equipment, as the case may be, with equipment of like manufacture and having a value and utility at least equal to the value and utility of the Equipment or any Additional Equipment, as the case may be, on the date of such damage, assuming the Equipment or any Additional Equipment, as the case may be, was in the condition and repair required to be maintained by the terms of this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdamage.

Damage to the Premises. If the Premises shallshall be damaged by fire, the elements, accident or other casualty (“Casualty”), but the Premises are not thereby rendered untenantable in whole or in part, Landlord shall promptly at its expense cause such damage to be repaired, without fault or neglect on abatement of rent. If, as the part result of Tenanta Casualty, the Premises are rendered untenantable in part, Landlord shall promptly at its agentsexpense cause such damage to be repaired, employeesand the Annual Basic Rent and other charges shall be abated proportionately as to the portion of the Premises are rendered tenantable. If, inviteesas the result of Casualty, customers or employeesthe Premises are rendered wholly untenantable, Landlord shall promptly at its expense cause such damage to be damaged or destroyed repaired and the Annual Basic Rent and other charges shall be abated from the date of such Casualty until the Premises have been rendered tenantable. For purposes of this subsection (a), the Premises shall be deemed untenantable (in addition to damage thereto by fire or other casualty covered casualty) if the Premises may not be used for the Permitted Use by standard policies reason of fire loss of access or of a material service necessary for the exercise of the Permitted Use. If Landlord determines that the restoration cannot be completed within one hundred and extended coverage eighty (180) days, then Tenant may, within thirty (30) days after determining that the repairs and restoration cannot be made within one hundred and eighty (180) days, cancel the Lease by giving notice to Landlord. If any mortgagee of Landlord refuses to permit any insurance proceeds to be applied to the cost of construction, such 180 day restoration period shall be inclusive of the time required to secure refinancing to fund the reconstruction. Nevertheless, if the damage is not fully repaired and such damage or destruction restored within one hundred and eighty (exclusive of Tenant’s leasehold improvements180) could reasonably be repaired within ninety (90) working days from the happening thereofdate of the damage, then Tenant may cancel the Lease at any time after the 180th day and before the restoration is completed. Provided Landlord shall proceed with all reasonable speed to repair is diligently repairing and restoring the damage, such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but cancellation shall not be required to, elect to restore effective if Landlord substantially completes the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of within thirty days after Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof’s notice.

Damage to the Premises. If the Premises shall, without fault or neglect on any part thereof at any time during the part Term is resumed or taken for any public purpose by any competent authority or is declared unfit for occupation or ordered to be demolished by any competent authority or is destroyed or damaged by any risk insured against so as to render the same substantially unfit for the use and occupation of Tenant, its agents, employees, invitees, customers the Lessee or employees, be damaged so as (in either case) to deprive the Lessee of substantial use of the same or destroyed by fire or other casualty covered by standard policies so as (in the case of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be ) to render In the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as opinion of the date of such damage Lessor the rebuilding or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion reconstruction of the Premises of which Tenant is deprived of possession on account of such damage in its previous form impracticable or destruction impracticable, THEN; 5.4.1 this Lease may be terminated without compensation by either the Lessor or the repair or restoration thereof undertaken Lessee by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction notice in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease writing to the contrary, Landlord other PROVIDED THAT the Lessee shall not only be obligated to repair the Premises and Landlord shall have the right entitled to terminate this Lease if any policy of insurance effected in respect of any damage or destruction shall not have been vitiated or payment of the policy moneys refused in consequence of some act or default of the Lessee or any of the Lessee's Employees or Visitors and if the Lessor shall have failed to rebuild or reinstate the Premises are substantially damaged or destroyed by fire or any other cause during within a reasonable time after notice in writing from the last two (2) years Lessee having regard to the extent of the term damage and the work required to rebuild or reinstate the Premises; 5.4.2 any termination shall be without prejudice to the rights of either party in respect of any antecedent breech matter or thing; 5.4.3 nothing herein expressed or implied shall be deemed to impose any obligation upon the Lessor to rebuild or reinstate the Premises or to make the same fit for use and occupation of the Lessee; 5.4.4 if the provisions of the Retail Shops Act apply to this Lease then unless approval has been obtained from tile Commercial Registrar for the termination of the Lease pursuant to the preceding provisions of this clause pursuant to Section 13(7) of the Retail Shops Act, the Lessor may only terminate this Lease or if pursuant to this sub-clause at a time after the Building (whether or not Premises are damaged or destroyedday mentioned in Section 13(1)(a) or (b) (as the Common Areas are substantially destroyed by fire or other cause. If the case may be) of that Act; and 5.4.5 if any such resumption damage or destruction of the Premises is so minor that occurs the Rent or a proportionate part thereof depending on the nature or extent of the resumption destruction or damage shall abate until the Premises remain shall have been rebuilt or reinstated or made fit for occupancy, then Landlord the occupation and use of the Lessee or until the Lease shall repair such have been terminated pursuant to the provisions of paragraph 6.4.1 above as the case may be. Until mutual agreement between the Lessor and the Lessee as to the extent of the abatement or until determined as provided herein the Lessee shall continue to pay the Rent In full and upon any agreement or determination the Lessor shall refund free of interest to the Lessee any Rent which according to the agreement or determination has been overpaid. If any dispute arises with respect to the extent of the abatement it shall be determined by arbitration as provided in Clause 5.14; 5.4.6 notwithstanding anything in this sub-clause expressed or Implied the Lessee shall have no right of termination and Rent shall not abate if the destruction or damage or destruction as promptly as reasonably possible and there shall the fact of thx Xxemises being declared unfit for occupation or ordered to be no abatement of Fixed Minimum Rent as a result thereofdemolished was caused or contributed to by the Lessee or the Lessee's Employees or Visitors.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive (i) if more than twenty percent (20$) of Tenant’s leasehold improvements which shall be the sole responsibility floor area of Tenant. If the Premises or the Building is damaged or destroyed, or (ii) if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days after the date of such damage damage, or destruction and both parties shall be released (iii) if the Premises are damaged during the last two (2) Lease Years, then Landlord may terminate this Lease by notice to Tenant within sixty (60) days from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destructiondamage. If Landlord elects or is required to restore During the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies insured cause not resulting from the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred ten (90210) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty has not been caused by the Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 210-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. (1) If the Premises shall, without fault or neglect on the Building of which the Premises is a part of Tenant, its agents, employees, invitees, customers are rendered partially or employees, be damaged or destroyed wholly untenantable by fire or other casualty covered by standard policies of fire casualty, and extended coverage insurance and if such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot, in the parties’ mutual, reasonable estimation, be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be materially restored within said ninety one hundred eighty (90180) day period, then Landlord may, but shall days of the date upon which Tenant is not be required to, elect able to restore the Premises. If Landlord does not elect to restore access the Premises, then either Landlord or Tenant may terminate this Lease shall terminate as of the date of such damage fire or destruction and both parties shall be released from further liability hereundercasualty. Either Landlord or Tenant may exercise its option provided herein by written notice to the other within sixty (60) days of such fire or other casualty. In addition, without prejudice, however, to any rights accruing to either party prior to Tenant may terminate this Lease as of the date of any such damage fire or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent casualty if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause occurs during the last two (2) years of the term Lease Term and if such damage cannot, in Tenant’s reasonable estimation, be materially restored within one hundred eighty (180) days of the date upon which Xxxxxx is not able to access the Premises. Tenant shall exercise its option provided herein by written notice to Landlord within sixty (60) days of the date upon which Xxxxxx is not able to access the Premises. For purposes hereof, the Premises or Building shall be deemed “materially restored” if they are in substantially such condition as existed on the Commencement Date. (2) If this Lease or if the Building (whether or is not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancyterminated pursuant to Section 16(a)(1), then Landlord shall repair proceed with all due diligence to materially restore the Premises or Building, as the case may be, within one hundred eighty days (180s) after the fire or other casualty, to the extent of the insurance proceeds actually received by Landlord and provided further that Landlord’s Mortgagee (as defined below) allows Landlord to apply such insurance proceeds to restoration (except that Landlord may elect not to rebuild if such damage occurs during the last year of the Term), including substantial completion of the Tenant Improvements. In the event Landlord is unable to so restore the Premises or destruction Building due to insufficient insurance proceeds, Tenant shall have the right to terminate this Lease upon thirty (30) days written notice to Landlord. (3) If this Lease shall be terminated pursuant to this Section 16, the Term of this Lease shall end on the date of such damage as promptly if that date had been originally fixed in this Lease for the expiration of the term hereof. If this Lease shall not be terminated pursuant to this Section 16 and if the Premises are rendered wholly untenantable or otherwise unfit for Tenant’s permitted use, in the parties’ reasonable, mutual agreement, following such damage, then Base Rent and Additional Rent shall fully xxxxx until such time as the Premises have been materially restored. If this Lease shall not be terminated by Landlord pursuant to this Section 16 and if the Premises is rendered partially untenantable, in the parties’ reasonable, mutual agreement, following such damage, then Base Rent and Additional Rent payable during the period in which the Premises is partially untenantable shall be equitably reduced to such extent the Premises are rendered untenantable, as reasonably possible determined by the parties. If this Lease shall not be terminated pursuant to this Section 16 and there if the Premises are rendered wholly untenantable Landlord shall use commercially reasonable efforts to locate temporary space for the Tenant if available in the nearby area at rental rates comparable to the Base Rent and Additional Rent. If such space can be secured by Landlord that is acceptable to Tenant then Tenant may, in its sole and absolute discretion, execute a lease for such temporary space to occupy during the restoration of the Premises and Tenant shall be obligated for the payment of rent thereunder, and upon the restoration of the Premises, Tenant shall terminate such temporary space lease and re-occupy the Premises pursuant to the terms of this Lease. (4) In no abatement event shall Landlord be required to rebuild, repair or replace any part of Fixed Minimum Rent partitions, fixtures, additions and other improvements which may have been placed in or about the Premises by Tenant. Subject to Xxxxxx’s right to self-insure as a result thereof.provided in Section 12 above, (i) Tenant

Damage to the Premises. If (a) In the event that fifty percent (50%) or more of the total square footage of the Premises shall, without fault shall be totally or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or substantially destroyed by fire fire, explosion, tornado or other casualty covered act of God, then either Tenant or Landlord shall have the right, by standard policies giving written notice to the other within thirty (30) days after such occurrence, to terminate this Lease, and all rents and other charges shall be adjusted to the date of fire such destruction. If such notice is not given, then Landlord shall promptly proceed to restore the Premises to its condition prior to the date of such destruction and extended coverage insurance and shall complete said restoration within one hundred eighty (180) days of such destruction. (b) If, however, such damage or destruction shall be to less than fifty percent (exclusive 50%) of Tenant’s leasehold improvements) could reasonably be repaired within the total square footage of the Premises, then the Landlord shall promptly, but not more than ninety (90) working days, repair such damage restore the Premises to substantially the same condition as before the date of such occurrence. In that event, Landlord shall, within thirty (30) days from the happening thereofdate of such occurrence, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If determine if the Premises cannot reasonably can be restored to a condition substantially similar to its condition prior to such occurrence within said the ninety (90) day period. If Landlord determines that the Premises cannot be restored to a substantially similar condition within the said period, then Landlord may, but shall not be required toby written notice, elect to restore terminate this Lease within thirty (30) days of Landlord's determination. (c) During any period between the Premises. If Landlord does not elect to restore occurrence and restoration of the Premises, then as provided in subparagraph (a) or (b) of this Lease Paragraph above, rent shall terminate as xxxxx proportionately to the square footage of the Premises that is unfit for use by Tenant until the earlier of: (i) the date such restorations are completed; or (ii) the actual use by Tenant of such area. (d) If any such damage to the Premises be to such a slight extent as not to interfere substantially with Tenant's occupancy and use, Tenant, at Tenant's expense, shall cause such damage to be repaired or restored, but no abatement in rental shall be allowed to Tenant. (e) In no event shall Landlord be required to expend an amount greater than the amount of insurance proceeds received by Landlord on account of any damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 270 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 business days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last Lease Year. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease as of the date of such damage by written notice to Tenant, which notice Landlord shall not terminate, notwithstanding that use reasonable efforts to deliver to Tenant within 60 days of the actual time required for date of such repairs damage or restoration may exceed that contemplated by the parties and Tenant casualty. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. Notwithstanding anything herein to the contrary, Landlord may only terminate this Lease under this Section 19.1, if Landlord is terminating all other leases within the Building for similarly situated tenants. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent, the Amenity Building Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged or untenantable bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant's expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term following: (i) Alterations; (ii) the Tenant Work; (iii) other Tenant improvements that Landlord has reasonably determined to be specialized Tenant improvements at the time of Landlord’s approval of the same; or (iv) personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Section 1932(2) and 1933(4) and agrees that in the event of any casualty, the terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, shall be damaged by fire or ---------------------- other cause without the fault or neglect on negligence of Tenant or its Agents. Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the part time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant's Property) at the expense of Landlord; provided, its agentshowever, employeesthat Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, invitees, customers (i) if the Premises or employees, be the Building is damaged or destroyed by fire or other casualty covered by standard policies cause to such an extent that, in Landlord's sole judgment, such judgment to be communicated to Tenant within sixty (60) days after the damage, the damage cannot be substantially repaired within one hundred twenty (120) days after the date of fire and extended coverage insurance and permit issuance necessary for the repair of such damage damage, then Landlord or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired Tenant within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage may terminate this Lease by written notice to the other, or destruction and both parties (ii) if the Premises are damaged during the last Lease Year, then Landlord or Tenant within thirty (30) days from the date of such damage may terminate this Lease by written notice to the other. If either Landlord or Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructioncasualty. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred twenty (120) days from the Premises and promptly commences and thereafter diligently pursues date of permit issuance to cause the repair of such restorationdamage (such 120-day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such 120-day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage or destruction or is not the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant, its agents, employees, invitees, customers and employees's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises or square footage inaccessible due to such damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit Tenant's Property, except for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.Alterations

Damage to the Premises. If With reasonable promptness after discovering any damage to the Premises shallPremises, without fault or neglect on to the part of TenantCommon Areas necessary for access to the Premises, its agents, employees, invitees, customers or employees, be damaged or destroyed by resulting from any fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofa “Casualty”), then Landlord shall proceed with all notify Tenant of Landlord’s reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as estimate of the date time required to substantially complete repair of such damage or destruction and both parties shall (the “Landlord Repairs”). If, according to such estimate, the Landlord Repairs cannot be released from further liability hereundersubstantially completed within 270 days after they are commenced, without prejudice, however, to any rights accruing to either party prior may terminate this Lease upon 60 days’ notice to the date other party delivered within 10 days after Landlord’s delivery of such damage or destructionestimate. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration Tenant may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to also terminate this Lease if the Landlord Repairs are not actually completed within 300 days following the Casualty, such right to expire upon completion of the Landlord Repairs. Within 90 days after discovering any damage to the Project resulting from any Casualty, Landlord may, whether or not the Premises are substantially damaged or destroyed is affected, terminate this Lease by fire notifying Tenant if (a) any Ground Lessor terminates any ground lease or any other cause Mortgagee requires that any insurance proceeds be used to pay any mortgage debt; (b) any damage to Landlord’s property is not fully covered by Landlord’s insurance policies; or (c) the damage occurs during the last two (2) years of the term of Lease Year. If this Lease or if is not terminated pursuant to this Section 16.1, Landlord shall promptly and diligently perform the Building (whether or not Landlord Repairs, subject to reasonable delays for insurance adjustment and other Events of Force Majeure. Landlord shall perform the Landlord Repairs such that they restore the Premises are damaged or destroyed) or and the Common Areas necessary for access to the Premises to substantially the same condition that existed when the Casualty occurred, except for (a) any modifications required by Law or any Mortgagee or Ground Lessor, and (b) any modifications to the Common Areas that are substantially destroyed deemed desirable by fire Landlord, are consistent with the character of the Project, and do not materially impair access to the Premises. Tenant shall assign to Landlord (or other causeits designee) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 15.3(b) with respect to any Alterations, and if the estimated or actual cost of restoring any Alterations exceeds the insurance proceeds received by Landlord from Tenant’s insurance carrier, Tenant shall pay such excess to Landlord within 15 days after Landlord’s demand. If No Casualty and no restoration performed as required hereunder shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder; provided, however, that if the damage Premises or destruction any Common Area necessary for Tenant’s access to the Premises is damaged by a Casualty, then, during any time that, as a result of such damage, any portion of the Premises is so minor that the Premises remain fit for occupancyuntenantable or inaccessible and is not occupied by Tenant, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there Rent shall be no abatement abated in proportion to the Rentable Square Footage of Fixed Minimum Rent as a result thereofsuch portion of the Premises. Notwithstanding anything to the contrary in this Lease, Tenant shall not be entitled to terminate this Lease pursuant to this Section 16.1 if the Casualty is due in whole or in part to the gross negligence or willful misconduct of Tenant or its Agents. In such event, Tenant shall reimburse Landlord for any Landlord Repair costs that are not reimbursed by, or paid through, insurance proceeds.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, should be damaged or destroyed during the Term hereof by fire or other any casualty covered by insurable under standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofpolicies, then Landlord shall proceed with all reasonable speed (except as hereafter provided) repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction and this Lease shall continue in full force and effect. In the event that (a) the Premises are damaged as a result of any cause other than peril covered by Landlord's insurance or (b) the Premises are damaged as a result of fire or other peril covered by Landlord's insurance, but the cost to repair such damage shall exceed available insurance proceeds, or destructionLandlord's lender does not allow Landlord to utilize sufficient insurance proceeds to repair the damage, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required toat its option, elect to restore the Premises. If Landlord does not elect to restore the Premiseseither repair such damage as soon as reasonably practicable at Landlord's expense, then in which event this Lease shall continue in full force and effect, or give written notice to Tenant within sixty (60) days after the occurrence of the damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior damage. Notwithstanding anything to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restorationcontrary herein, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled responsible for and shall pay to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to Landlord the time during which and that portion reasonable cost of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that caused by the negligence or willful misconduct of Tenant, its employees, agents or invitees. Tenant's obligation to pay for such repairs or restoration shall be reduced by any insurance proceeds payable to Landlord, but only to the extent such insurance provides for a waiver of subrogation which permits such a reduction of Tenant's obligations. Tenant shall vacate such portion of the Premises remain fit for occupancy, then as Landlord shall reasonably requires to enable Landlord to repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofthe Premises.

Damage to the Premises. If (a) In the event any portion of the Premises shallis damaged by fire, without fault earthquake, action of the elements or neglect on the part of Tenantany other casualty, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably can be repaired and the Premises restored to their former condition within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage damage, then, unless otherwise provided in Paragraph 23(b) hereof, Landlord shall, at its expense proceed --------------- immediately to make such repairs, provided that any mortgagee or destruction and both parties lender of Landlord shall be released from further liability hereunder, without prejudice, however, have made available to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs any and all insurance proceeds otherwise payable to Landlord. If such insurance proceeds are not made available to Landlord, Landlord shall have the option either (i) to pay any shortfall from his own funds and complete such repairs as aforesaid, or restoration (ii) terminate this Lease. However, Landlord's obligation to repair shall be limited to those items that Landlord was obliged to build at its own expense. Notwithstanding the foregoing, in the event that there are insufficient insurance proceeds to cover the cost of repairs, Tenant may exceed that contemplated avoid a termination of this Lease by the parties depositing sufficient funds to cover any shortfall in an escrow account with a depository mutually satisfactory to Landlord and Tenant, such funds to be held and disbursed by such depository pursuant to written escrow instructions executed by both Landlord and Tenant. Such partial destruction shall not serve to terminate this Lease, but Tenant shall be entitled to a temporary reduction proportionate abatement of the installments of rent and all other charges in Fixed Minimum Rentthe nature of additional rent payable during the period commencing on the date of such partial destruction and ending upon completion of all such repairs, as determined by Landlord, corresponding to which abatement shall be based upon the time during which and that portion of the Premises rendered unsuitable for use by Tenant during such period. (b) In the event (i) any portion of which Tenant the Premises is deprived damaged by fire, earthquake, action of possession on account the elements or any other casualty, and such damage cannot be repaired and the Premises restored to their former condition within ninety (90) days from the date of such damage, or (ii) the Building is damaged by any such casualty and the cost of repairing such damage or destruction or will exceed thirty percent (30%) of the repair or restoration thereof undertaken by Landlord. Notwithstanding replacement cost (exclusive of foundations) of the foregoingBuilding, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenantmay, at its agentsoption, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right elect to terminate this Lease if as of the date of the occurrence of such damage. In the event Landlord fails to exercise said option to terminate by written notice to Tenant within thirty (30) days from the date of occurrence of such damage, Landlord shall promptly undertake to restore the Premises are substantially damaged or destroyed by fire or any other cause and the Building to their former condition. Tenant shall be entitled to a proportionate abatement of the installments of rent and all charges in the nature of additional rent payable during the last two (2) years period commencing on the date of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement ending upon completion of Fixed Minimum Rent as a result thereof.all such

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed damages by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) so long as Landlord maintains the insurance policies required to be maintained by Landlord under this Lease. Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred twenty (90120) day perioddays after the date of such damage, or if 50% or more of the Premises are damages during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred twenty 120) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred twenty (120) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved)., then Tenant, within thirty (30) days from the expiration of such one hundred twenty (120) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of the Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury as damage to the premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abate. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall xx xlect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any nonstandard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, premises shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, contractors, invitees, licensees, customers, clients, family members or guests, this Lease shall not be terminated and Landlord shall diligently and as soon as practicable after damage occurs, repair such damage, at the expense of Landlord if Landlord is insured with respect thereto or at the expense of Tenant if Tenant is required to be insured hereunder with respect to such damage (in either case taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved and for such other delays as may result from government restrictions, controls on construction, if any, and from strikes, emergencies and other conditions beyond the control of the Landlord); provided, however that if the premises or Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from date of settlement of the insurance claims, Landlord, upon written notice to Tenant, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the premises, Tenant shall be required to pay rent (as set forth in paragraph 3) covering only that part of the premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square foot area of the premises. In the event of any injury or damage to the premises or the Building caused by Tenant or its agents, employees, contractors, invitees, customers licensees, customers, clients, family members or guests, then Tenant shall diligently and employeesas soon as practicable after such damage occurs, repair such damage, at Tenant's sole cost and expense. Notwithstanding anything in this Lease If Tenant shall fail so to the contrarydo, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate make such repairs or replacements, and any cost or expense so incurred by Landlord shall be paid by Tenant, and shall become additional rent due and payable, in accordance with the provisions of paragraph 17(d) hereof, with the installment of rent next becoming due under the terms of this Lease if Lease. No compensation, claim or diminution in rent, other than as provided in this paragraph 15(a), will be allowed or paid by Landlord, by reason of inconvenience, annoyance or injury to business arising from the Premises are substantially damaged or destroyed by fire necessity of repairing the premises or any other cause during the last two (2) years portion of the term Building, however the necessity may occur. * at the rate of this Lease or if $7.50 par hour escalated by increases in the Building (whether or not Premises are damaged or destroyed) or Pepco GS rate schedule in effect at the Common Areas are substantially destroyed by fire or other causetime, over the schedule effective as of Octobe, 1981. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy** Tenant ???? access to space 24 hours per day, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.356 days per year

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant’s leasehold improvements's Property) could reasonably be repaired within ninety (90) working days from at the happening thereofexpense of Landlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If (i) if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred (90200) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days after the date of such damage then Landlord within sixty (60) days from the date of such damage may terminate this Lease by written notice to Tenant, or destruction and both parties (ii) if the Premises are damaged during the last Lease Year, then Landlord or Tenant within thirty (30) days from the date of such damage may terminate this Lease by written notice to the other. If either Landlord or Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within two hundred (200) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such two hundred (200) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such two hundred (200) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage or destruction or is not the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant, its agents, employees, invitees, customers and employees's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair of the Tenant's Property. In the event that neither party terminates this Lease as aforesaid, Tenant shall be required to repair or replace the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant's Property.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently, and extended coverage insurance and as soon as practicable after such damage occurs, repair such damage at the expense of Landlord, except as otherwise provided in this Section 21.1 and provided, however, that Landlord shall only be obligated to repair such damage to the extent of proceeds of insurance actually received by Landlord (reduced by any proceeds retained pursuant to the rights of any Mortgagee). Notwithstanding the foregoing, (i) if the Building is damaged by fire or destruction other cause to such an extent that, in Landlord's reasonable judgment, (exclusive a) the damage cannot be substantially repaired within two hundred seventy (270) days after the date of Tenant’s leasehold improvementssuch damage, or (b) could insurance proceeds and other funds available to Landlord are not sufficient to reasonably be repaired repair such damage, or (ii) if the Building is damaged during the last two (2) Lease Years of the Term, then Landlord may terminate this Lease by giving written notice to Tenant within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair date of such damage or destruction, exclusive of Tenant’s leasehold improvements which and the termination shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate effective as of the date of the notice. Further, if the Building is damaged by fire or other cause during the last Lease Year of the Term and more than thirty percent (30%) of the rentable area of the Building is rendered untenantable by such damage, Tenant may terminate this Lease by giving written notice to Landlord within ninety (90) days from the date of such damage or destruction and both parties the termination shall be released from further liability hereundereffective as of the date of the notice. If this Lease shall be terminated under this Section 21.1, without prejudice, however, to any rights accruing to either party prior the Rent shall be apportioned and paid to the date of such damage or destructiontermination. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding be terminated and the damage required to be repaired by Landlord is not repaired to such an extent that the actual time required Building is tenantable for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion conduct of the Premises Permitted Use within two hundred seventy (270) days from the date of which such damage, Tenant, within thirty (30) days from the expiration of such two hundred seventy day (270) period, may terminate this Lease by notice to Landlord. During the period that Tenant is deprived of possession on account the use of the damaged portion of the Building, Rent for such damage portion shall abate proportionately, provided that if by reason of the fire or destruction or othxx xxsualty Tenant is unable reasonably to conduct its business within the undamaged portion of the Building, all Rent shall abate as if the entire Building were untenantable. Any abatement of Xxxx under this Section shall continue until the first to occur of (1) expiration of fifteen (15) days following completion by Landlord of the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds Building or the date Landlord would have completed the repair or restoration in the absence of any delay caused by Tenant, or (2) the date Tenant resumes conduct of its business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage operations within all or destruction was the result any substantial portion of the fault or neglect Building (provided that the abatement shall terminate proportionately as Tenant re-occupies any portion of Tenant, its agents, employees, invitees, customers and employeesthe Building that Tenant was forced to vacate by reason of the casualty). Notwithstanding anything in this Lease Section 21.1 to the contrary, Landlord shall not be obligated required to rebuild, replace or repair any damage to the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed Tenant Work, any Alterations made by fire Tenant, or any other cause during the last two (2) years of the term of items required to be covered by Tenant's property insurance under Section 17.3. Instead, unless this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the terminates in accordance with this Section 21.1, Tenant shall diligently, and as soon as practicable after such damage or destruction of the Premises is so minor that the Premises remain fit for occupancyoccurs, then Landlord shall repair such damage or destruction as promptly as reasonably possible at the expense of Tenant and there the proceeds of Tenant's property insurance shall be no abatement of Fixed Minimum Rent as a result thereofmade available for this purpose.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to occurs repair such damage using the proceeds of insurance carried by Landlord pursuant to this Lease (provided that, if the fire or destructioncasualty is due to the fault or negligence of Tenant or its Agents, exclusive of Tenant’s leasehold improvements which Landlord's repair and restoration obligation shall be limited to the sole responsibility amount of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then insurance actually received by Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date in respect of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlordcasualty). Notwithstanding the foregoing, Landlord shall have if the right Premises or the Building is damaged by fire or other cause to receive such an extent that, in Landlord's sole judgment, the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall cannot be obligated to repair substantially repaired within two hundred (200) days after the Premises and Landlord shall have the right to terminate this Lease date of such damage, or if the Premises are substantially damaged or destroyed by fire or any other cause to an extent such that repair would cost in excess of $200,000 during the last two (2), then either Landlord or Tenant may, within thirty (30) years days after the date Landlord notifies Tenant of its estimate of the term timing or cost of such repair, terminate this Lease or by notice to the other. Landlord shall give Tenant written notice of Landlord's estimate of the time required for the substantial repair of such damage (or, if in the Building last two Lease Years, of the estimated cost of such repairs) within thirty (whether or not Premises are damaged or destroyed30) or days after the Common Areas are substantially destroyed by fire or other causedate of such damage. If either Landlord or Tenant terminates this Lease pursuant to this Article 21, the Rent shall be apportioned and paid to the date of such termination. If neither Landlord nor Tenant so elects to terminate this Lease but the damage required to be repaired by Landlord is not repaired within two hundred (200) days from the date of such damage, or destruction such longer period as was set forth in Landlord's estimate (such period to be extended by the period of any delay resulting from Force Majeure, as defined in Section 28.16, and by any period of delay caused by the acts or omissions of Tenant or Tenant's Agents), Tenant may terminate this Lease at any time thereafter until such reconstruction is completed upon thirty (30) days prior written notice to Landlord, PROVIDED that if such reconstruction is substantially underway as of the date of Tenant's notice of termination to Landlord, and Landlord substantially completes such reconstruction within the thirty (30) day period after its receipt of Tenant's notice of termination, then in such event the notice of termination from Tenant shall be deemed rescinded, and this Lease shall continue in full force and effect. During the period that Tenant is deprived of the use of the damaged portion of the Premises, Base Rent and Additional Rent shall be reduced by the ratio that the rentable square footage of the Premises is so minor that damaged bears to the total rentable square footage of the Premises remain fit for occupancybefore such damage. Notwithstanding anything herein to the contrary, then Landlord's repair and restoration obligation shall be limited to the Tenant Improvements originally constructed by Landlord hereunder, and shall not apply to (and Landlord shall repair such damage not be required to rebuild, replace or destruction as promptly as reasonably possible and there shall be no abatement repair) any Alterations, any personal property and/or any specialized equipment of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies insured cause other than the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Building is damaged by fire or destructionother insured cause to such an extent that, exclusive of Tenantin Landlord’s leasehold improvements which shall be sole judgment, the sole responsibility of Tenant. If the Premises damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, then or if the Building is substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 180-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within forty-five (45) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Building, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Building damaged bears to the total rentable square footage of the Building before such damage. All injury or damage to the Building or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its Agents shall be repaired by LandlordTenant, at Tenant’s expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Sections 1932 (2) years and 1933 (4) and agrees that in the event of any casualty, the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, shall be damaged by fire or ----------------------- other cause without the fault or neglect on negligence of Tenant or its Agents, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the part time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, its agentshowever, employeesthat Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, invitees, customers if the Premises or employees, be the Building is damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and cause to such an extent that, in Landlord's sole judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety one hundred eighty (90180) working days from after the happening thereofdate of such damage, or if the Premises are damaged during the last Lease Year , then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored Tenant within said ninety thirty (9030) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Basic Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the any part of Tenant, its agents, employees, invitees, customers or employees, thereof shall be damaged or destroyed by fire or other casualty covered casualty, the Parties shall give immediate notice thereof to one another and this Lease shall continue in full force and effect except as hereinafter set forth. If less than Twenty-Five percent (25%) of the Premises is damaged or rendered partially unusable by standard policies of fire and extended coverage insurance and such or other casualty, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably thereto shall be repaired by and at the sole expense of Landlord and the rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to the part of the Premises which is usable. If the Twenty-Five percent(25%) or more of the Premises are damaged or rendered wholly unusable by fire or other casualty, then the rent shall be proportionately paid up to the time of the casualty and thence forth shall cease until the date when the Premises shall have been repaired and restored, subject to the parties' right to terminate this Lease as hereinafter provided. If Twenty-Five percent (25%) or more of the premises is rendered unusable or (Whether or not the Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it or if the Premises is rendered inaccessible, then, in any of such events, Landlord or Tenant may elect to terminate this Lease by written notice to other, given within one hundred and twenty (120) days after such fire or casualty. Upon such termination, Landlord and Tenant shall be released from any obligations under this Lease, except obligations previously accrued. Unless such a termination notice is served, Landlord shall make the repairs and restorations under the conditions as described herein above, with all reasonable expedition, subject to delays due the adjustment of insurance claims, labor troubles and causes beyond Landlord's control but in any event, Landlord shall fully restore any partial or complete casualty within ninety (90) working days of occurrence, or Tenant may terminate this Lease. After any such casualty, Tenant shall cooperate with Landlord's restoration by removing from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible possible, all of Tenant's salvageable inventory and there movable equipment, furniture, and other property. Tenant's liability for rent shall be no abatement of Fixed Minimum Rent as a result thereofresume ten (10) business days after the Premises are fully ready for Tenant's occupancy.

Damage to the Premises. If (a) In the event any portion of the Premises shallis damaged by fire, without fault earthquake, action of the elements or neglect on the part of Tenantany other casualty, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably can be repaired and the Premises restored to their former condition within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage damage, then, unless otherwise provided in Paragraph 23(b) hereof, Landlord shall, at its expense proceed immediately to make such repairs, provided that any mortgagee or destruction and both parties lender of Landlord shall be released from further liability hereunder, without prejudice, however, have made available to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs any and all insurance proceeds otherwise payable to Landlord. If such insurance proceeds are not made available to Landlord, Landlord shall have the option either (i) to pay any shortfall from his own funds and complete such repairs as aforesaid, or restoration (ii) terminate this Lease. However, Landlord's obligation to repair shall be limited to those items that Landlord was obliged to build at its own expense. Notwithstanding the foregoing, in the event that there are insufficient insurance proceeds to cover the cost of repairs, Tenant may exceed that contemplated avoid a termination of this Lease by the parties depositing sufficient funds to cover any shortfall in an escrow account with a depository mutually satisfactory to Landlord and Tenant, such funds to be held and disbursed by such depository pursuant to written escrow instructions executed by both Landlord and Tenant. Such partial destruction shall not serve to terminate this Lease, but Tenant shall be entitled to a temporary reduction proportionate abatement of the installments of rent and all other charges in Fixed Minimum Rentthe nature of additional rent payable during the period commencing on the date of such partial destruction and ending upon completion of all such repairs, as determined by Landlord, corresponding to which abatement shall be based upon the time during which and that portion of the Premises of which rendered unsuitable for use by Tenant is deprived of possession on account of during such damage or destruction or period. (b) In the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of event (i) any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction portion of the Premises is so minor that damaged by fire, earthquake, action of the elements or any other casualty, and such damage cannot be repaired and the Premises remain fit for occupancyrestored to their former condition within ninety (90) days from the date of such damage, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.or

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 270 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of this Lease. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease shall not terminate, notwithstanding that as of the actual time required for date of such repairs or restoration may exceed that contemplated damage by the parties and Tenant written notice to Tenant. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant’s expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or (iii) personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Section 1932(2) and 1933(4) and agrees that in the event of any casualty, the terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shallor the Building are destroyed or damaged by fire, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire earthquake or other casualty covered by standard policies to the extent that they are untenantable in whole or in part, then Landlord shall proceed with reasonable diligence to rebuild and restore the Premises or such part thereof as may be destroyed or damaged; provided (i) Landlord has received the insurance proceeds payable on account of fire and extended coverage insurance and such damage or destruction (exclusive of which insurance proceeds Landlord shall attempt to collect with reasonable diligence), (ii) such damage or destruction is not caused by Tenant or its agents or employees, (iii) the period for electing to terminate this Lease as provided below in this Paragraph has passed and this Lease has not been terminated, and (iv) Landlord shall not be responsible for Tenant’s leasehold improvements) could trade fixtures, furnishings, furniture, equipment or personal property. Such rebuilding and restoration shall be at Landlord’s expense if such damage is insured by Landlord or required hereunder to be insured by Landlord and at Tenant’s expense if such damage is caused by Tenant, its employees, agents, invitees or guests and not required to be insured hereunder by Landlord. During the period of such rebuilding and restoration, unless the damage or destruction is caused by Tenant, its employees, agents, invitees or guests, the rent shall be abated in the same proportion as the rentable area in the portion of the Premises rendered untenantable shall bear to the total rentable area of the Premises. If such destruction or damage cannot reasonably be repaired within ninety (90) working days from the happening thereofdays, then Landlord shall proceed with all reasonable speed to repair such so notify Tenant within fifteen (15) days after Landlord is notified of the damage or destruction. In such event, exclusive of Tenant’s leasehold improvements which shall be Landlord or Tenant may, within fifteen (15) days after such notice, terminate this Lease by written notice thereof to the sole responsibility of Tenantother party. If Landlord or Tenant does not terminate the Premises cannot reasonably be restored within said ninety Lease during that fifteen (9015) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage remain in effect and Landlord shall diligently proceed to repair or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore reconstruct the Premises and promptly commences rent shall axxxx subject to and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that in accordance with the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term preceding provisions of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofParagraph.

Damage to the Premises. If the Leased Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed rendered untenantable by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereundercauses, without prejudice, however, being due to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agentsTenant's servants, employees, inviteesagents or licensees, customers the Leased Premises so damaged or rendered untenantable shall be repaired promptly and employees. Notwithstanding anything in this Lease within a reasonable time, by and at the expense of Landlord and the rent from the time of such damage or untenantability until such repairs shall be completed shall be apportioned according to the contrarypart of the Leased Premises which is reasonably useable by Tenant; in such event, Landlord any rent paid in advance shall be apportioned and refunded. If such partial damage or untenantability is due to the fault or negligence of Tenant, Tenant's servants, employees, agents or licensees, the damaged premises shall be repaired promptly and within a reasonable time by Landlord, but there shall be no apportionment or abatement of rent. In the event of the Leased Premises being so badly damaged that they cannot be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancyrepaired within ninety days, then Landlord shall repair such so notify Tenant within 15 days after the damage and the term hereby created shall, at the option of the Landlord or destruction as promptly as reasonably possible the Tenant, cease and there the Tenant shall surrender the Leased Premises and all of the Tenant's interest therein to the Landlord and shall be no abatement liable for rent only to the time of Fixed Minimum Rent as a result thereofthe surrender, and the Landlord may re-enter and repossess the Leased Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall ---------------------- be damaged or destroyed by fire or other casualty covered by standard policies insured cause other than the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred seventy (90270) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant's rights under California Civil Code Sections 1932 (2) years and 1933 (4) and agrees that in the event of any casualty, the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, premises shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord, provided, however, that if the premises or destruction (exclusive of Tenant’s leasehold improvements) could reasonably Building are damaged by fire or other cause to such an extent that the damage cannot be fully repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties damage, Landlord, upon written notice to Tenant, may terminate this Lease, in which event the rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiondamage. If Landlord elects or During the period that Tenant is required to restore deprived of the Premises and promptly commences and thereafter diligently pursues such restorationuse of the damaged portion of the Premises, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled required to a temporary reduction pay rent (as set forth in Fixed Minimum Rent, as determined by Landlord, corresponding paragraph 4) covering only that part of the Premises that Tenant is able to occupy and the time during which and rent for such space shall be that portion of the total rent which is the amount of square foot area remaining of the Premises; provided, that if Tenant cannot operate its business in the undamaged space, then Tenant shall receive a total rent abatement. All injury or damage to the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair Building (other than damage normally insured against under Landlord’s fire and extended coverage policies) caused by Tenant or restoration thereof undertaken by Landlordits agents, employees and invitees, shall be repaired at Tenant’s sole cost and expense. Notwithstanding the foregoingIf Tenant shall fail to do so, Landlord shall have the right to receive the full amount of the proceeds of make such repairs or replacements, and any business interruption insurance for the undiminished Fixed Minimum Rent and there cost or expense so incurred by Landlord shall be no reduction paid by tenant, in Fixed Minimum Rent if which event such damage or destruction was cost and expense shall become additional rent payable with the result installment of rent next becoming due under the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofLease.

Damage to the Premises. If 10.01 In the Premises shallevent that during the Term the Premises, without fault or any part thereof, shall be damaged or destroyed by fire, or any of the other perils insured against under the provisions of this Lease, and the said damage or destruction is not caused by any failure nor neglect on the part of Tenantthe Tenant to perform or observe any covenant or condition hereof, its agentsthen and in every such event: (a) If the damage or destruction is such that it does not render the Premises wholly unfit for the use for which it is hereby demised, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire then this Lease shall remain in full force and extended coverage insurance and effect but until such damage or destruction (exclusive has been repaired to the extent of enabling the Tenant to use and occupy the whole of the Premises, the rent shall xxxxx in the proportion that the portion to the Premises which are rendered unfit for occupancy bears to the whole of the Premises. The Landlord shall have no obligation or liability whatsoever to the Tenant’s leasehold improvements) could reasonably , and the Tenant shall not be entitled to nor recover any damages whatsoever against the Landlord for any loss occasioned by the said damage or destruction, but the Landlord shall, with reasonable diligence after the occurrence of the event causing said damage, cause the Premises to be repaired to the same general condition in which it existed at the time of such damage or destruction; (b) If the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy the same and if in either event the damage or destruction can be repaired with reasonable diligence within ninety ONE HUNDRED AND EIGHTY (90180) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair of such damage or destruction, exclusive then, if such damage or destruction can be lawfully repaired and for the amount of Tenant’s leasehold improvements which shall be the sole responsibility net proceeds of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day periodinsurance, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall remain in full force and effect and the Landlord shall, with reasonable diligence, cause such damage or destruction to be repaired and the rent hereby reserved shall xxxxx to the extent that such shall be covered by insurance payable to the Landlord pursuant to clause 5.09.02(b) hereof from the date of the happening of such damage or destruction until the date the damage or destruction shall be made good to the extent of enabling the Tenant to use and occupy the Premises; (c) If the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy the same and if in either event the damage or destruction cannot be repaired with reasonable diligence within ONE HUNDRED AND EIGHTY (180) days from the happening of such damage or destruction then the Landlord or the Tenant may, within THIRTY (30) days next succeeding such damage or destruction, terminate this Lease by giving notice in writing to the other party of such termination, in which event this Lease and the term hereby demised shall cease and be at an end as of the date of such damage or destruction and both parties the rent and all other payments for which the tenant is liable under the terms of this Lease shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid in full to the date of such damage or destruction. If Landlord elects destruction and any necessary refund shall be made with respect to payments already made; (d) In the event that neither party shall exercise its option to terminate the Lease as in sub-clause 10.01 (c) provided and if the damage or is required to restore destruction can be repaired for the Premises and promptly commences and thereafter diligently pursues such restorationamount of the net proceeds of the said insurance, then this Lease shall not terminateremain in full force and effect and the Landlord shall, notwithstanding that with reasonable diligence and without avoidable delay, cause such damage or destruction to be repaired and the actual time required for such repairs or restoration may exceed that contemplated by rent hereby reserved shall xxxxx from the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion date of the Premises of which Tenant is deprived of possession on account happening of such damage or destruction or until the repair or restoration thereof undertaken by Landlord. Notwithstanding date when the foregoingLandlord makes the Premises available to the Tenant to resume occupancy. 10.02 Provided, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent however, if such damage or destruction was is due to the result negligence or overt acts of the fault Tenant or neglect its agents and/or servants, then notwithstanding anything to the contrary hereinbefore contained, and so often as the same shall occur: (a) The Landlord may at its option and without prejudice to any rights of action it may have against the Tenant either: (i) forthwith rebuild and make the Premises fit for the purposes of the Tenant; or (ii) by notice in writing mailed to the Tenant at its last known address forthwith determine and put an end to this Lease and may accordingly deal with the Premises as fully and effectually as if these presents had not been entered into. (b) If the Landlord shall rebuild and make the Premises fit for the purposes of the Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease the Tenant shall continue to pay rent to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair as hereinbefore provided notwithstanding such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdestruction.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years unless Tenant is willing to exercise its Option to Renew the Term, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Basic Rent shall not abatx, xxless a mutual waiver of subrogation is in force. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies insured cause other than the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord’s sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred seventy (90270) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its Agents shall be repaired by LandlordTenant, at Tenant’s expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. (a) If the Premises shallor the building in which the Premises are located, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be are damaged or destroyed destroyed, in whole or in part, by fire or other casualty covered by standard policies of fire and extended coverage insurance and such peril, then the following provisions shall apply; (i) If the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired renders the Premises unfit for occupancy and impossible to repair or rebuild using reasonable diligence within ninety (90) working 120 clear days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair of such damage or destruction, exclusive then the Term hereby granted shall cease from the date the damage or destruction occurred, and the Tenant shall immediately surrender the remainder of Tenant’s leasehold improvements which the Term and give possession of the Premises to the Landlord, and the Rent from the time of the surrender shall be the sole responsibility of Tenant. xxxxx; (ii) If the Premises cannot reasonably , with reasonable diligence, be restored repaired and rendered fit for occupancy within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore 120 days from the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as happening of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore , but the damage renders the Premises and promptly commences and thereafter diligently pursues such restorationwholly unfit for occupancy, then this Lease the rent hereby reserved shall not terminateaccrue after the day that such damage occurred, notwithstanding or while the process of repair is going on, and the Landlord shall repair the Premises with all reasonable speed, and the Tenant’s obligation to pay Rent shall resume immediately after the necessary repairs have been completed; (iii) If the leased Premises can be repaired with 120 days as aforesaid, but the damage is such that the actual time required for leased Premises are capable of being partially used, then until such repairs or restoration may exceed that contemplated by damage has been repaired, the parties and Tenant shall be entitled to a temporary reduction continue in Fixed Minimum Rent, possession and the Rent shall xxxxx proportionately. (b) Any question as determined by Landlord, corresponding to the time during which and that portion degree of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the period of time required to repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there rebuild shall be no reduction in Fixed Minimum Rent if such damage or destruction was determined by an architect retained by the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two Landlord. (2c) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there There shall be no abatement from or reduction of Fixed Minimum the Rent as a result thereofpayable by the Tenant, nor shall the Tenant be entitled to claim against the Landlord for any damages, general or special, caused by fire, water, sprinkler systems, partial or temporary failure or stoppage of services or utilities which the Landlord is obliged to provide according to this Lease, from any cause whatsoever.

Damage to the Premises. (a) If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 240 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 240-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 45 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of this Lease. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease shall not terminate, notwithstanding that as of the actual time required for date of such repairs or restoration may exceed that contemplated damage by the parties and Tenant written notice to Tenant. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. (b) During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent, Amenity Building Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage; provided, however, that if more than fifty percent (50%) of the Premises or if access to the Premises is unusable in a manner that allows Tenant to xxxxx Basic Rent, Operating Expense Rental and Real Estate Tax Rental under this Section 19.1(b), Tenant will be entitled to deem one hundred percent (100%) of the Premises to be unusable and receive a full abatement of Rent if Tenant vacates the entire Premises due to such casualty damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant’s expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; (iii) Tenant Work; or (iv) personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Section 1932(2) and 1933(4) and agrees that in the event of any casualty, the terms of this Lease or if shall govern. (c) If the Amenity Building (whether or not Premises are shall be damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If casualty, then to the damage or destruction extent that the Amenity Building Rent is not already subject to abatement under Section 19.1(b), the Amenity Building Rent shall be reduced during the period that Tenant is deprived of the Premises is so minor use of Amenities of the Amenity Building by the ratio that the Premises remain fit for occupancyRentable Square Footage of the Amenity Building damaged bears to the total Rentable Square Footage of the Amenity Building before such damage; provided, however if the injury or damage to the Amenity Building results from the gross negligence or willful misconduct of Tenant or its Agents, then Landlord the Amenity Building Rent shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofnot xxxxx.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, premises shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, contractors, invitees, licensees, customers, clients, family members or guests, this Lease shall not be terminated and Landlord shall diligently and as soon as practicable after such damage occurs, repair such damage, at the expense of Landlord if Landlord is insured with respect thereto or at the expense of Tenant if Tenant is required to be insured hereunder with respect to such damage (in either case taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved and for such other delays as may result from government restrictions, controls on construction, if any, and from strikes, emergencies and other conditions beyond the control of the Landlord); provided, however, that if the premises or Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of settlement of the insurance claims. Landlord or Tenant, upon written notice to the other party may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the premises and provided Tenant is able to conduct its customary banking business in the premises without unreasonable inconvenience or interruption, as determined by the Building architect. Tenant shall be required to pay rent (as set forth in paragraph 3) covering only that part of the premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square foot area of the premises. In the event of any injury or damage to the premises or the Building caused by Tenant or its agents, employees, contractors, invitees, customers licensees, customers, clients, family members or guests, then Tenant shall diligently and employeesas soon as practicable after such damage occurs, repair such damage, at Tenant's sole cost and expense. Notwithstanding anything in this Lease If Tenant shall fail so to the contrarydo, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate make such repairs or replacements, and any cost or expense so incurred by Landlord shall be paid by Tenant, and shall become additional rent due and payable, in accordance with the provisions of paragraph 17(d) hereof, with the installment of rent next becoming due under the terms of this Lease if Lease. No compensation, claim or diminution in rent, other than as provided in this paragraph 15(a), will be allowed or paid by Landlord, by reason of inconvenience, annoyance or injury to business arising from the Premises are substantially damaged or destroyed by fire necessity of repairing the premises or any other cause during the last two (2) years portion of the term of this Lease or if Building, however the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofnecessity may occur.

Damage to the Premises. If the Premises, or any part thereof, shall be damaged by fire, the elements, the public enemy or other casualty, the Premises shallshall be restored, replaced and rebuilt by the Lessee with due diligence in accordance with the plans and specifications for the Premises, including, without fault limitation, the same or neglect on higher quality of materials, as they existed prior to such damage by and at the part expense of Tenantthe Lessee and if such damage is covered by insurance, the proceeds thereof (other than proceeds of any business interruption or similar insurance) actually made available to the Lessee shall be used by the Lessee for that purpose, subject to any requirements in the Lessee’s Financing Documents if any, regarding the conditions to the release of the proceeds of casualty insurance from the collateral account of the Lessee; it being understood that, notwithstanding anything to the contrary in the Lessee’s Financing Documents, no portion of casualty insurance proceeds can be used for any purpose other than the restoration, replacement and rebuilding of the Premises until the Premises have been restored as required by this paragraph (b), to the Port Authority’s satisfaction. Provided that the Lessee has carried insurance required by this Section 17 (Damage to or Destruction of the Premises), in the event that a casualty event occurs (other than a result of the breach, gross negligence or willful misconduct of the Lessee, its agents, employees, inviteesofficer, customers directors, shareholders, managers, members or employeespartners, or any of its Contractors, as applicable, in which case the Lessee shall not be damaged or destroyed entitled to propose a plan as provided in this sentence) with respect to which the amount of insurance proceeds received by fire the Lessee is insufficient to restore, replace and rebuild the affected facilities as set forth above, then the Lessee may promptly propose a plan with respect to (i) reasonable modifications to the affected facilities that would allow such facilities to be restored, replaced and rebuilt, solely with the insurance proceeds made available for such purpose (including by making use of reasonable value engineering or other design approaches to reduce applicable rebuilding costs) at least to the extent of the value and as nearly as possible to the condition, quality and class of such affected facility existing immediately prior to such casualty covered by standard policies and (ii) any modifications to the technical requirements of fire this Agreement applicable to the D&C Work (including the Requirements and extended coverage insurance and Provisions for Work) that may be necessary or appropriate to implement the proposed modifications to the affected facilities. The Lessee’s plan will be subject in all respects to the Port Authority’s approval in its sole discretion, such damage approval to be received before any restoration, replacement or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenantrebuilding may commence. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, Lessee has exercised its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed letting hereunder in accordance with Sections 54 (Termination by fire or any other cause during Lessee) and 55 (Effect of Termination by Lessee), subject to the last two (2) years rights of the term of this Lease or if Recognized Mortgagee pursuant to Section 89 (Project Financing), the Building (whether or not Premises are damaged or destroyed) or Lessee shall turn over all casualty insurance proceeds to the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as Port Authority promptly as reasonably possible and there shall be no abatement when received or otherwise ensure receipt by the Port Authority of Fixed Minimum Rent as a result thereofall casualty insurance proceeds.

Damage to the Premises. 9.1 If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be is damaged or destroyed destroyed, in whole or in part, by fire or other casualty covered by standard policies of fire and extended coverage insurance and such peril, then the following provisions shall apply: (i) if the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired renders the Premises unfit for occupancy and impossible to repair or rebuild using reasonable diligence within ninety (90) working 30 clear days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair of such damage or destruction, exclusive then the Term hereby granted shall at the option of Tenant’s the Landlord to be exercised within thirty (30) days of any such occurrence, cease from the date which is three (3) days following the date of the exercise by the Landlord of such option and the Tenant shall immediately surrender the remainder of the Term and give possession of the Premises to the Landlord, and the Rent from the time of the surrender shall axxxx: (ii) if the Premises can with reasonable diligence be repaired and rendered fit for occupancy within 30 days from the happening of the damage or destruction, or in the event the Landlord elects not to or fails to exercise its right to terminate this Lease as provided for in Section 9.(1)(a) above, but the damage renders the Premises wholly unfit for occupancy, then the Rent hereby reserved shall not accrue after the day that such damage occurred, or while the process of repair is going on, and the Landlord shall repair the Premises (other than the leasehold improvements improvements, trade fixtures and equipment located or previously located therein, the responsibility for which shall be that of the sole responsibility of Tenant. If ) with all reasonable speed, and the Tenant's obligation to pay Rent shall resume immediately after the Landlord's repairs to the Premises cannot reasonably have been completed; (iii) if the Premises can be restored repaired within said ninety (90) day period30 days as aforesaid, but the damage is such that the Premises are capable of being partially used, then until such damage to the Premises has been repaired by the Landlord may(other than the leasehold improvements, but trade fixtures and equipment located or previously located therein, the responsibility for which shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as that of the date of such damage or destruction Tenant) the Tenant shall continue in possession and both parties the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior axxxx proportionately. 9.2 Any question as to the date degree of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the period of time required to repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there rebuild shall be no reduction in Fixed Minimum Rent if such damage or destruction was determined by an architect retained by the result Landlord. 9.3 Apart from the provisions of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2Section 9(1) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement from or reduction of Fixed Minimum the Rent as a result thereofpayable by the Tenant, nor shall the Tenant be entitled to claim against the Landlord for any damages, general or special, caused by fire, water, sprinkler systems, partial or temporary failure or stoppage of services or utilities which the Landlord is obliged to provide according to this Lease, from any cause whatsoever.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or ----------------------- other casualty covered by standard policies of fire cause Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive of Tenant’s leasehold improvementstaking into account the time necessary to effect a satisfactory settlement with any insurance company involved) could reasonably be repaired within ninety (90) working days from the happening thereof, then which Landlord shall proceed with make all reasonable speed efforts to cause the insurance company to adjust the claim within thirty (30) days of the casualty) repair such damage or destruction, exclusive at the expense of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, if the Premises or the Building are damaged during the last two (2) Lease Years, then Landlord or Tenant within thirty (30) days from the date of such damage, may terminate this Lease by notice to the other (under no circumstances shall Tenant be entitled to elect to terminate the Lease if the loss or damage is caused by the Tenant's negligence) provided, however that Tenant may negate Landlord's termination by exercising Tenant's option to extend within thirty (30) days after receipt of Landlord's termination notice. If either Landlord or Tenant terminates this Lease, the Rent shall be apportioned and paid to the date of such termination. If neither Landlord nor Tenant so elects to terminate this Lease but the damage required to be repaired by Landlord is not repaired within one hundred fifty (150) days from the date of such damage (such one hundred fifty (150) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved) not to exceed thirty (30) days), Tenant, within thirty (30) days from the expiration of such one hundred fifty (150) day period (as the same may be extended), may terminate this Lease by notice to Landlord. Within thirty (30) days after any such damage, Landlord shall have deliver to Tenant a statement from Landlord's insurance adjuster or architect stating its good faith estimate as to the right time necessary to receive completely repair such damage. In the full amount event such estimate exceeds one hundred twenty (120) days, Tenant may terminate the Lease. During the period that Tenant is deprived of the proceeds use of any business interruption insurance for the undiminished damage Portion of the Premises, Fixed Minimum Rent and there Tenant's proportionate share of Operating Expenses and Taxes shall be no reduction in Fixed Minimum Rent if such damage or destruction was reduced by the result ratio that the rentable square footage of the fault or neglect Premises damaged bears to the total rentable square footage of Tenant, its agents, employees, invitees, customers and employeesthe Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire insured cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall 5055 Wilshire - Playboy Enterprises, exclusive Inc. - Lease 12/22/98 not exceed the proceeds of Tenant’s leasehold improvements which shall be insurance available to Landlord (reduced by any proceeds retained pursuant to the sole responsibility rights of TenantMortgagee). If Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred forty (90240) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 240- day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within forty-five (45) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount use of the proceeds damaged portion of any business interruption insurance for the undiminished Fixed Minimum Premises, Basic Rent and there Tenant's Proportionate Share shall be no reduction in Fixed Minimum Rent if such damage or destruction was reduced by the result ratio that the Rentable Square Footage of the fault or neglect Premises not reasonably usable by Tenant bears to the total Rentable Square Footage of Tenant, its agents, employees, invitees, customers and employeesthe Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant's rights under California Civil code Sections 1932(2) and 1933(4) and agrees that in the last two (2) years event of any casualty, the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord lease shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred (90100) day perioddays after the date of such damage, or if 50% or more of the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminate this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred (100) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred (100) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred (100) day period (as the same may be extended), may -28- 29 terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises is unreasonably unuseable because of the damage bears to the total rentable square footage of the Premises before such damage. All injury as damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any nonstandard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 270 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of this Lease. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease shall not terminate, notwithstanding that as of the actual time required for date of such repairs or restoration may exceed that contemplated damage by the parties and Tenant written notice to Tenant. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant’s expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building following: (whether or not Premises are damaged or destroyedi) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly specialized Tenant improvements as reasonably possible and there shall be no abatement determined by Landlord; (ii) Alterations; or (iii) personal property of Fixed Minimum Rent as a result thereof.Tenant. OFFICE LEASE PAGE 26 Park Ten Plaza – RigNet, Inc. Table of Contents

Damage to the Premises. If (a) In the event any portion of the Premises shallis damaged by fire, without fault earthquake, action of the elements or neglect on the part of Tenantany other casualty, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably can be repaired and the Premises restored to their former condition within ninety one hundred eighty (90180) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage damage, then, unless otherwise provided in subparagraph (b) hereof, Landlord shall, at its expense, proceed immediately to make such repairs. However, Landlord’s obligation to repair shall not include any alterations, improvements, or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior additions to the date Premises made by Tenant or any of such damage Tenant’s furniture, equipment or destructionother personal property. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease Such partial destruction shall not terminateserve to terminate this Lease, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and but Tenant shall be entitled to a temporary reduction in Fixed Minimum Rentproportionate abatement of the installments to rent payable during the period commencing on the date of such partial destruction and ending upon completion of all such repairs or the termination of this Lease, as determined by Landlord, corresponding to which abatement shall be based upon the time during which and that portion of the Premises rendered unsuitable for use by Tenant during such period. (b) In the event (i) any portion of which the Premises is damaged by fire, earthquake, action of the elements or any other casualty, and such damage cannot be repaired and the Premises restored to their former condition within one hundred eighty (180) days from the date of such damage, (ii) the Buildings are damaged by any such casualty and the cost of repairing such damage will exceed fifty percent (50%) of the replacement cost (exclusive of foundations) of the Buildings, or (iii) such damage exceeds $100,000 and is not covered by the property insurance Landlord is required to carry under this Lease or actually carries on the Buildings (excluding any deductibles carried by Landlord), Landlord may, at its option, elect to terminate this Lease as of the date of the occurrence of such damage, provided if Landlord elects to so terminate, Tenant is deprived may, within ten (10) business days after it receives Landlord’s notice, notify Landlord that it wishes to fund any deficiency required to reconstruct the Premises (a “Notice of possession Reconstruction”) . In the event Landlord fails to exercise said option to terminate by written notice to Tenant within thirty (30) days from the date of occurrence of such damage, Landlord shall promptly undertake to restore the Premises and the Buildings to their former condition. Tenant shall be entitled to a proportionate abatement of the installments of rent payable during the period commencing on account the date of such damage or destruction and ending upon completion of all such repairs or the repair termination of this Lease, which abatement shall be based upon the portion of the Premises rendered unsuitable for use by Tenant during such period. If Tenant delivers a Notice of Reconstruction, then Landlord and Tenant will have forty five (45) days following the date of delivery of the Notice of Reconstruction to agree on the cost of reconstruction and the security to be provided by Tenant for payment of such costs and manner of disbursement thereof, which may include, without limitation, deposit of funds with Landlord sufficient to effect such reconstruction within a time to be agreed between the parties following the conclusion of negotiations, to be disbursed upon conditions to be satisfactory to both parties. If at the end of such forty five (45) day period, the parties are unable, despite good faith efforts, to agree upon the reconstruction cost or restoration thereof undertaken the manner in which the costs of reconstruction are to be funded by LandlordTenant, then Landlord may terminate the Lease by written notice to Tenant. If Tenant shall fail to fund reconstruction as required under any agreement between the parties related to reconstruction, or if the parties agree that Tenant shall perform the restoration, and Tenant fails to restore as agreed, such failure will be a default under this Lease after applicable notice and cure periods. (c) Notwithstanding the foregoingprovisions of subparagraphs (a) and (b) of this Paragraph 20, in the event any portion of the Premises is damaged by fire, earthquake, action of the elements or any other casualty, and (i) such damage cannot be repaired and the Premises restored to their former condition within one hundred eighty (180) days from the date of such damage, and Landlord shall have the does not exercise its right to receive terminate the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of TenantLease under subsection (b), its agentsabove, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord then Tenant shall have the right to terminate this Lease by written notice to Landlord within sixty (60) days from the date of such damage or (ii) if neither Landlord nor Tenant has elected to exercise a right such party may have under this Paragraph 20 to terminate this Lease, and for any reason the repairs to the Premises are substantially damaged or destroyed by fire or not completed within two hundred seventy (270) days after the date of such damage, and such repairs remain incomplete within thirty (30) days after Landlord’s receipt of Tenant’s notice, then at any other cause during the last two (2) years of the term of time thereafter until such damage is fully repaired, Tenant may terminate this Lease by a further notice to Landlord, and in either case, after Tenant has paid any rents, costs or if the Building (whether or not Premises fees that are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancypast due, then Landlord Tenant shall repair such damage or destruction as promptly as reasonably possible and there shall be have no abatement of Fixed Minimum Rent as a result thereoffurther obligation to pay rent under this Lease.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s 's leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s 's leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

Damage to the Premises. If the Demised Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be is damaged or destroyed by fire or other casualty covered to such an extent as to render the Demised Premises unfit for conducting business or if the Store Premises building within which the Demised Premises is situated is so seriously damaged by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably other casualty that it shall be repaired within ninety (90) working days from necessary to perform major repair or rebuild the happening thereofStore Premises building, then and in that event Landlord or Tenant may cancel this Lease by giving notice in writing not later than thirty (30) days after the damage to the Demised Premises or Store Premises building shall proceed with all reasonable speed to repair have occurred; and upon the giving of such damage or destructionnotice, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as and all the rights and obligations of Landlord and Tenant hereunder shall cease and terminate; provided, however, that Tenant shall be responsible for the payment of all rent through the date of such damage damage. In the event that the Landlord or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease Tenant shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled elect to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlordcancel. Notwithstanding the foregoingthis Lease, Landlord shall have commence the right to receive the full amount repair, rebuilding and/or reconstruction of the proceeds of any business interruption insurance for Demised Premises or Store Premises building within a reasonable time after the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not Demised Premises or Store Premises building. In the event the Demised Premises or Store Premises building should be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially partially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage casualty, but not to such an extent as to require complete rebuilding or destruction a complete reconstruction of the Demised Premises is so minor or Store Premises building it shall be the duty of Landlord to commence within a reasonable time the work of repairing or rebuilding the Demised Premises or Store Premises building to their condition existing before the destruction; provided, however, that throughout any period during which the Demised Premises remain fit for occupancyare fully or partially untenantable, then Landlord shall repair such damage by reason of fire or destruction as promptly as reasonably possible and other casualty resulting in either partial or total destruction, there shall be no an abatement of Fixed Minimum Rent as a result thereofrent in proportion to the portion of the Demised Premises rendered untenantable. Subject to paragraph 14 hereinabove, Tenant shall carry sufficient replacement insurance to pay for rebuilding the Demised Premises, including all of Tenant's fixtures and machinery and other personal property that it owns or leases located in the Demised Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord elects, as set forth herein, to repair, then Landlord shall proceed diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with all reasonable speed to any insurance company involved) repair such damage or destruction, exclusive to completion at the expense of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord’s sole judgment, the damage cannot be substantially repaired within one hundred eighty (180) days after the date of such damage, which determination Landlord shall have the right communicate to receive the full amount Tenant within sixty (60) days of the proceeds date of any business interruption insurance for such damage, then Landlord or Tenant, within thirty (30) days from the undiminished Fixed Minimum date of such determination, may terminate this Lease by notice to the other. If either Landlord or Tenant terminates this Lease, the Rent and there shall be no reduction apportioned and paid to the later of the date of such event of damage or the date Tenant vacates the Premises. If neither Landlord nor Tenant so elects to terminate this Lease, then Landlord shall proceed to repair and restore the Premises and the Building (exclusive of Tenant’s personal property, including, but not limited to equipment, furniture, fixtures, furnishings and leasehold improvements which are the responsibility of Tenant) to the condition the Premises and the Building were in Fixed Minimum Rent if immediately prior to such damage. If the damage required to be repaired by Landlord is not repaired within three hundred sixty-five (365) days from the date of such damage, Tenant, within thirty (30) days from the expiration of such three hundred sixty-five (365) day period, may terminate this Lease by notice to Landlord. During the period that Tenant is deprived of the use of the damaged portion of the Premises, and provided such damage or destruction was is not the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant, its agents, employees, invitees, customers and employees’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant’s leasehold improvements's Property) could reasonably be repaired within ninety (90) working days from at the happening thereofexpense of Landlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, (i) if the Premises or destructionthe Building is damaged by fire or other cause to such an extent that, exclusive in Landlord's or Tenant's reasonable judgment, the damage cannot be substantially repaired within two hundred (200) days after the date of Tenant’s leasehold improvements which such damage, then within sixty (60) days from the date of such damage, either Landlord or Tenant may terminate this Lease by written notice to the other party, or (ii) if the Premises are damaged during the last Lease Year, then within thirty (30) days from the date of such damage, Landlord or Tenant may terminate this Lease by written notice to the other party. If either Landlord or Tenant terminates this Lease, the Rent shall be apportioned and paid to the sole responsibility date of Tenantsuch termination. If the Premises cannot reasonably be restored within said ninety (90) day period, then neither Landlord may, but shall not be required to, elect nor Tenant so elects to restore the Premises. If Landlord does not elect to restore the Premises, then terminate this Lease shall terminate as of but the damage required to be repaired by Landlord is not repaired within two hundred (200) days from the date of such damage or destruction and both parties shall (such two hundred (200) day period to be released extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), Tenant, within thirty (30) days from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date expiration of such damage or destruction. If Landlord elects or is required to restore two hundred (200) day period (as the Premises and promptly commences and thereafter diligently pursues such restorationsame may be extended), then may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage or destruction or is not the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage; provided, further, that if (i) a Substantial Part of the Premises is damaged, (ii) the damage does not result from the fault or negligence of Tenant or its agentsAgents, employeesand (iii) Tenant does not use any of the Premises, invitees, customers and employeesthen Rent shall fully abatx xxxing the period that Tenant is deprived of the use of the Premises. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair of the Tenant's Property. If neither party terminates this Lease as aforesaid, Tenant shall be required to repair or replace the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant's Property.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, should be damaged or destroyed during the Term hereof by fire or other casualty covered by standard policies of the peril insured under fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofpolicies referenced in this Lease, then Landlord shall proceed with all reasonable speed (except as hereafter provided) repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction and this Lease shall continue in full force and effect. In the event that (a) the Premises are damaged as a result of any cause other than peril covered by Landlord's insurance or (b) the Premises are damaged as a result of fire or other peril covered by Landlord's insurance, but the cost to repair such damage shall exceed available insurance proceeds, or destructionLandlord's lender does not allow Landlord to utilize sufficient insurance proceeds to repair the damage, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, at its option, either repair such damage as soon as reasonably practicable at Landlord's expense (but shall not be required toin no event later than 180 days following the date of the occurence), elect to restore the Premises. If Landlord does not elect to restore the Premises, then in which event this Lease shall continue in full force and effect, or give written notice to Tenant within thirty (30) days after the occurrence of the damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior damage. Notwithstanding anything to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restorationcontrary herein, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled responsible for and shall pay to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to Landlord the time during which and that portion reasonable cost of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that caused by the negligence or willful misconduct of Tenant, its employees, agents or invitees. Tenant's obligation to pay for such repairs or restoration shall be reduced by any insurance proceeds payable to Landlord, but only to the extent such insurance provides for a waiver of subrogation which permits such a reduction of Tenant's obligations. Tenant shall vacate such portion of the Premises remain fit for occupancy, then as Landlord shall reasonably requires to enable Landlord to repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofthe Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently, and extended coverage insurance and as soon as practicable after such damage occurs, repair such damage at the expense of Landlord, except as otherwise provided in this Section 21.1 and provided, however, that Landlord shall only be obligated to repair such damage to the extent of proceeds of insurance actually received by Landlord (reduced by any proceeds retained pursuant to the rights of any Mortgagee). Notwithstanding the foregoing, (i) if the Building is damaged by fire or destruction other cause to such an extent that, in Landlord's reasonable judgment, (exclusive a) the damage cannot be substantially repaired within two hundred seventy (270) days after the date of Tenant’s leasehold improvementssuch damage, or (b) could insurance proceeds and other funds available to Landlord are not sufficient to reasonably be repaired repair such damage, or (ii) if the Building is damaged during the last two (2) Lease Years of the Term, then Landlord may terminate this Lease by giving written notice to Tenant within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair date of such damage or destruction, exclusive of Tenant’s leasehold improvements which and the termination shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate effective as of the date of the notice. Further, if the Building is damaged by fire or other cause during the last Lease Year of the Term and a Substantial Part of the rentable area of the Premises is rendered untenantable by such damage, Tenant may terminate this Lease by giving written notice to Landlord within ninety (90) days from the date of such damage or destruction and both parties the termination shall be released from further liability hereundereffective as of the date of the notice. If this Lease shall be terminated under this Section 21.1, without prejudice, however, to any rights accruing to either party prior the Rent shall be apportioned and paid to the date of such damage or destructiontermination. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding be terminated and the damage required to be repaired by Landlord is not repaired to such an extent that the actual time required Premises are tenantable for the conduct of the Permitted Use within two hundred seventy (270) days from the date of such damage, Tenant, within thirty (30) days from the expiration of such two hundred seventy (270) day period, may terminate this Lease by notice to Landlord. During the period that Tenant is deprived of the use of the damaged portion of the Premises, Rent for such repairs portion shall abate proportionately, provided that if by reason of the fire or othxx xxsualty Tenant is unable reasonably to conduct its business within the undamaged portion of the Premises, all Rent shall abate as if the entire Premises were untenantable. Any abatement of Xxxx under this Section shall continue until the first to occur of (1) expiration of fifteen (15) days following completion by Landlord of the repair or restoration may exceed that contemplated of the Building or the date Landlord would have completed the repair or restoration in the absence of any delay caused by Tenant, or (2) the parties and date Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that resumes conduct of its business operations within all or any substantial portion of the Premises of which (provided that the abatement shall terminate proportionately as Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount re occupies any portion of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction Premises that Tenant was the result forced to vacate by reason of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeescasualty). Notwithstanding anything in this Lease Section 21.1 to the contrary, Landlord shall not be obligated required to rebuild, replace or repair any damage to the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed Tenant's Work, any Alterations made by fire Tenant or any other cause during the last two (2) years of the term of items required to be covered by Tenant's property insurance under Section 17.3. Instead, unless this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the terminates in accordance with this Section 21.1, Tenant shall diligently, and as soon as practicable after such damage or destruction of the Premises is so minor that the Premises remain fit for occupancyoccurs, then Landlord shall repair such damage or destruction as promptly as reasonably possible at the expense of Tenant and there the proceeds of Tenant's property insurance shall be no abatement of Fixed Minimum Rent as a result thereofmade available for this purpose.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole but reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that Tenant is deprived of the actual time required for such repairs or restoration may exceed that contemplated by use of the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that damaged portion of the Premises for the normal operation of its business (and in facts ceases such use), and provided such damage is not the consequence of the gross negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises for which Tenant is deprived of possession on account use for normal business purposes (and in facts ceases such use) by virtue of such damage bears to the total rentable square footage of the Premises before such damage. All injury or destruction damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If Subject to Section 11.03, if the Premises shallare Damaged, without fault the Landlord will promptly repair or neglect on reconstruct the Premises to the extent of the Landlord's Work. If part or all of the Premises is not Usable because of the Damage, Semi-Gross Rent (but not Additional Rent or Additional Rent Increases) will axxxx in the proportion that the Rentable Area of that part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises canwhich is not reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect Usable is relative to restore the Premises. If Landlord does not elect to restore Rentable Area of the whole of the Premises, then this Lease shall terminate as of from the date of such damage or destruction and both parties shall be released from further liability hereunderthe Damage until the earlier of, without prejudice, however, to any rights accruing to either party prior to (i) the date of such damage or destruction. If Landlord elects or is required to restore when the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion whole of the Premises is Usable again or, (ii) thirty (30) days after substantial completion of which the Landlord's Work. When the Landlord notifies the Tenant is deprived that it has completed enough of possession on account the Landlord's Work to enable the Tenant to start the Tenant's Work, the Tenant will complete the Tenant's Work and reopen the whole of such damage the Premises for business as soon as possible but in any case within thirty (30) days after the Landlord's notice. No capital allowance, inducement to lease, or destruction other payment that was made to the Tenant at the time of, or in connection with the original construction of the Premises or the repair or restoration thereof undertaken Tenant's improvements thereto will be payable by Landlordthe Landlord to the Tenant. Notwithstanding the foregoing, Landlord shall have the right Tenant will not be entitled to receive any abatement of Semi-Gross Rent if the full amount Damage resulted from or was occasioned by any act, fault, misconduct, negligence, omission or want of skill of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agentsofficers, servants, employees, inviteescontractors, customers and employees. Notwithstanding anything in this Lease invitees or licensees, or by Persons for whom the Tenant is responsible at law or over whom the Tenant may be reasonably considered to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofexercise control.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive (i) if more than twenty percent (20%) of Tenant’s leasehold improvements which shall be the sole responsibility floor area of Tenant. If the Premises or the Building is damaged or destroyed, or (ii) if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days after the date of such damage damage, or destruction and both parties shall be released (iii) if the Premises are damaged during the last six (6) months of the Term, then Landlord may terminate this Lease by notice to Tenant within sixty (60) days from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destructiondamage. If Landlord elects or is required to restore During the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, employeescontractors, invitees, customers and employees. Notwithstanding anything in licensees, customers, clients, family members or guests, this Lease to the contrary, Landlord shall not be obligated to repair the Premises terminated and Landlord shall have diligently and as soon as practicable after such damage occurs repair such damage to the right Premises (but not any of Tenant's property therein or improvements or alterations made by Tenant but expressly including such portion of Landlord's Work as does not constitute betterments and improvements under a standard policy of insurance of a tenant), at the expense of Landlord if Landlord is required to terminate this Lease be insured hereunder with respect thereto or at the expense of Tenant if Tenant is required to be insured hereunder with respect to such damage (in either case taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved and for such other delays as may result from government restrictions, controls on constructions, if any, and from strikes, emergencies and other conditions beyond the control of the Landlord); provided, however, that if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are is damaged or destroyed) or the Common Areas are substantially destroyed by fire or other causecause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of settlement of the insurance claims, or if the insurance proceeds (excluding rent insurance) which Landlord anticipates receiving must be applied to repay any mortgages, now or hereafter, encumbering the Building or are otherwise inadequate to pay the cost of such repair, then Landlord, upon fifteen (15) days' written notice to Tenant, may terminate this Lease, in which event the Rent shall be apportioned and paid to the date of such damage. If the damage or destruction or renders the Premises entirely unsuitable for Tenant's operations, then Tenant may terminate this Lease by giving notice to Landlord within thirty (30) days after such damage or destruction, such termination to be effective as of the date specified in such notice. During the period that Tenant is deprived of the use of the damaged portion of the Premises, to the extent Tenant is able to operate from any other portion of the Premises, Tenant shall be required to pay Rent (as set forth in Section 3 hereof) covering only that part of the Premises that Tenant is so minor able to occupy and the Rent for such space shall be that portion of the total Rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square floor area of the Premises. In any event, no compensation, claim or diminution in Rent, other than as provided in this subsection 14.1, will be allowed or paid by Landlord, by reason of interruption, delay, inconvenience, annoyance, or injury to business arising from repairing the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement any portion of Fixed Minimum Rent as a result thereofthe Building.