Common use of DAMAGES TO BUILDING/WAIVER OF SUBROGATION Clause in Contracts

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Term, then Landlord may, no later than the sixtieth (60th) day following the damage, give Tenant a notice of election to terminate this Lease. In the event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant shall surrender possession of the Premises on or prior to such date; and the Basic Rent and any Additional Rent shall be apportioned as of the date of such damage. If the cost of restoration shall not entitle Landlord to terminate this Lease or if, despite the cost, Landlord does not elect to terminate this Lease pursuant to any right contained herein, Landlord shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure and further subject to the availability and adequacy of the insurance proceeds and Tenant shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord need not restore fixtures and improvements owned by Tenant.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termdamage, then Landlord Lessor may, no later than the sixtieth (60th) day following the damage, give Tenant Lessee a notice of election to terminate this lease, or if the cost of restoration will equal or exceed fifty (50%) percentage of such replacement value or if the damage to the Premises reasonably will take more than 120 days to restore and if the Premises shall not be reasonably usable for the purpose in which they are leased hereunder, then Lessee may, no later than the sixtieth (60th) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such date; within a reasonable time thereafter, and the Basic Rent basic rent, and any Additional Rent additional rent, shall be apportioned as of the date of such damagesaid surrender and any basic or additional rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration as estimated by Lessor shall not entitle Landlord amount to terminate this Lease less than twenty-five (25%) percent of said replacement value of the Building, or if, despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinLease, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure force majeure, and further subject to the availability and adequacy of the insurance proceeds and Tenant Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord need not restore fixtures and improvements owned by Tenant.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably reasonable estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive Exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termdamage, then Landlord Lessor may, no later than the sixtieth (60th) day following the damage, give Tenant Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty (50%) percent of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Lessee may, no later than the sixtieth (60th) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said such notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such date; within a reasonable time thereafter, and the Basic Rent Rent, and any Additional Rent additional Rent, shall be apportioned as of the date of such damageLessee was unable to use the Premises, and any Basic or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration as estimated by Lessor shall not entitle Landlord amount to terminate this Lease less than twenty-five (25%) percent of said replacement value of the Building, or if, despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinLease, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure force majeure, and further subject to the availability and adequacy of the insurance proceeds and Tenant Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord Lessor need not restore fixtures and improvements owned by TenantLessee. Lessee shall not be responsible for any Rent or Additional Rent payments until Premises are restored. Notwithstanding the provisions of this paragraph 11 of the lease, in any event of loss or damage to the Building, the Premises and/or contents, the Lessor and Lessee shall look first to any insurance in its favor before making any claim against each other and, to the extent possible without additional cost, each party shall obtain, for each policy of insurance, provisions permitting waiver of any claim against each other for loss or damage within the scope of such insurance, and the Lessor and Lessee, to such extent permitted, for itself and its insured waives all such insured claims against each other.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Term, then Landlord mayLessor shall, no later than the sixtieth (60th) day following the damage, give Tenant Lessee a notice of election to terminate this Lease, or, if the cost of restoration will equal or exceed fifty (50%) percent of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Lessee shall, no later than the sixtieth (60th) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such datewithin a reasonable time thereafter; and the Term Basic Rent and any Additional Rent shall be apportioned as of the date of such damagesaid surrender, and any Term Basic Rent or any Additional Rent paid for any period beyond the latter of the thirtieth (30th) day after said notice or the date Lessee surrenders possession shall be repaid to Lessee. If the cost of restoration shall not entitle Landlord Lessor to terminate this Lease or if, despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinherein or if Lessor shall have no such right, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure Majeure, as hereinafter defined and further subject to the availability and adequacy of the insurance proceeds and Tenant Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such electionabove. Landlord Lessor need not restore fixtures and improvements owned by TenantLessee.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) 50,000.00 Dollars occurs within the last twelve (12) months of the Term, then Landlord may, no later than the sixtieth (60th) day following the damage, give Tenant a notice of election to terminate this Lease, or, if the cost of restoration will equal or exceed fifty (50%) percent of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Tenant may, no later than the sixtieth (60th) day following the damage, give Landlord a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant shall surrender possession of the Premises on or prior to such datewithin a reasonable time thereafter; and the Term Basic Rent and any Additional Rent shall be apportioned as of the date of such damagesaid surrender, and any Term Basic Rent or any Additional Rent paid for any period beyond the latter of the thirtieth (30th) day after said notice or the date Tenant surrenders possession shall be repaid to Tenant. If the cost of restoration shall not entitle Landlord to terminate this Lease or if, despite the cost, Landlord does not elect to terminate this Lease pursuant to any right contained hereinherein or if Landlord shall have no such right, Landlord shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure force Majeure, as hereinafter defined and further subject to the availability and adequacy of the insurance proceeds and Tenant shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such electionabove. Landlord need not restore fixtures and improvements owned by Tenant.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. (a) If the Building is Demised Premises or any part thereof be damaged by fire or any other cause casualty, Lessee shall give immediate notice thereof to such extent that Lessor and shall continue in force and effect except as hereinafter set forth. (b) If the cost of restorationDemised Premises are partially damaged or rendered partially unusable by fire or other casualty, as reasonably estimated the damages thereto shall be repaired by Landlord, will equal or exceed twenty-five (25%) percent and at the expense of the replacement value of Lessor. (c) If the Demised Premises are totally damaged and rendered wholly unusable by fire or other casualty, then the Lessor shall have the right to elect not to restore the same as hereinafter provided. (d) If the Demised Premises are rendered wholly unusable (whether or not the Demised Premises are damaged in whole or in part) or if the Building (exclusive of foundations) just prior shall be so damaged that Lessor shall decide to the occurrence of the damage demolish it or if any damage not to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termrestore it, then Landlord may, no later than the sixtieth (60th) day following the damage, give Tenant a notice of election to terminate this Lease. In the event in any of such electionevents, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant shall surrender possession of the Premises on or prior to such date; and the Basic Rent and any Additional Rent shall be apportioned as of the date of such damage. If the cost of restoration shall not entitle Landlord to terminate this Lease or if, despite the cost, Landlord does not Lessor may elect to terminate this Lease pursuant by written notice to Lessee given within ninety days after such fire or casualty specifying the date of the casualty as the date of termination, and upon such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease, and Lessee shall forthwith quit, surrender and vacate the premises without prejudice to Lessor's right and remedies against Lessee under the Lease provisions in effect prior to such termination, and any right contained Basic Annual Rent or Additional Rent owing for the period prior to the date of termination shall be paid up to such date and any payments of Basic Annual Rent or Additional Rent made by Lessee which were on account of any period subsequent to such date shall be returned to Lessee. Unless Lessor shall serve a termination notice as provided for herein, Landlord Lessor shall restore make the Building repairs and the Premises restorations with all reasonable promptness, dispatch subject to Force Majeure delays due to adjustment of insurance claims, labor troubles and further subject causes beyond Lessor's control. (e) Lessor and Lessee each hereby releases and waives the right of recovery against the other or any other claiming through or under each of them by way of subrogation or otherwise, for damage as a result of fire or other insured against casualty. Lessor's and Lessee's insurance policies shall contain a clause providing that such a release or waiver shall not invalidate the insurance if such clause is available. If such clause is not available then the foregoing waiver shall be void. In the event that there are additional premiums for such inclusion the party in whose favor such waiver is intended shall have the option to either pay the additional premiums or waive the condition that the other's policy contain the same. Lessee acknowledges that Lessor will not carry insurance on Lessee's furniture and/or furnishings including decorating or any fixtures or equipment, records, improvements or appurtenances removable by Lessee and agrees that Lessor will not be obligated to repair any damage thereto or replace the same nor will Lessor carry flood or water damage insurance. (f) Lessee hereby waives the provisions of Section 227 of the Real Property Law and agrees that the provisions of this Article shall govern and control in lieu thereof. (g) Notwithstanding anything to the availability contrary contained in this Lease during any period after a damage or destruction and adequacy until the restoration of the insurance proceeds and Tenant Demised Premises have been Substantially Completed, the Lessee shall be entitled to an abatement of Basic Annual Rent for the unusable portion of the Demised Premises on a per square foot basis. (h) Notwithstanding anything to the contrary contained in this Lease, in the event of damage or destruction to the Demised Premises or the Building, Lessee shall have no the right to terminate this Lease, except as specifically set forth above and as followsLease under the following conditions: In (a) the event damage renders the Demised Premises insufficient for Lessee's normal use for sixty (60) consecutive days in Lessee's reasonable business judgment; (b) the damage is such that following a casualty Landlord elects to make such repairs and Landlord’s repairs the Demised Premises cannot be (or are not substantially completed not) restored within one hundred eighty (180) days following from the casualty date of damage; or (which date will be extended to c) the extent damage or destruction occurs during the work is in progress last six (6) months of the Term (or any Extended Term) and Landlord is diligently pursuing the completion of same), then Tenant Lessee has not previously exercised any option rights it may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord need not restore fixtures and improvements owned by Tenanthave for succeeding extension or renewal terms.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, restoration as reasonably estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termdamage, then Landlord Lessor may, no later than the sixtieth (60th) day following the damage, give Tenant Lessee a notice of election to terminate this Lease; or if the cost of restoration will equal or exceed fifty (50%) percent of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Lessee may, no later than the sixtieth (60th) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such date; within a reasonable time thereafter, and the Term Basic Rent and any Additional Rent Rent, shall be apportioned as of the date of such damagesaid surrender and any Term Basic Rent or any Additional Rent paid for any period beyond the later of the thirtieth (30th) day after said notice or the date Lessee surrenders possession shall be repaid to Lessee. If the cost of restoration shall not entitle Landlord Lessor to terminate this Lease Lease, or if, if despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinLease, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure Majeure, as hereinafter defined, and further subject to the availability and adequacy of the insurance proceeds and Tenant except as stated above, Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord Lessor need not restore fixtures and improvements owned by TenantLessee.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, restoration as reasonably estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termdamage, then Landlord Lessor may, no later than the sixtieth thirtieth (60th30th) day following the damage, give Tenant Lessee a notice of election to terminate this Lease; or if the cost of restoration of the Building will equal or exceed fifty (50%) percent of such replacement value or if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Lessee may, no later than the fifteenth (15) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such date; within a reasonable time thereafter and the Basic Rent basic rent, and any Additional Rent Rent, shall be apportioned as of the date of such damagesaid surrender and any basic or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Landlord Lessor to terminate this Lease Lease, or if, if despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinLease, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure Majeure, as hereinafter defined, and further subject to the availability and adequacy of the insurance proceeds and Tenant except as stated above, Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord Lessor need not restore fixtures and improvements owned by TenantLessee.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termdamage, then Landlord Lessor may, no later than the sixtieth (60th) day following the damage, give Tenant Lessee a notice of election to terminate this lease, or if the cost of restoration will equal or exceed fifty (50%) percentage of such replacement value or if the damage to the Premises reasonably will take more than 120 days to restore and if the Premises shall not be reasonably usable for the purpose in which they are leased hereunder, then Lessee may, no later than the sixtieth (60th) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such date; within a reasonable tune thereafter, and the Basic Rent basic rent, and any Additional Rent additional rent, shall be apportioned as of the date of such damagesaid surrender and any basic or additional rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration as estimated by Lessor shall not entitle Landlord amount to terminate this Lease less than twenty-five (25%) percent of said replacement value of the Building, or if, despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinLease, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure force majeure, and further subject to the availability and adequacy of the insurance proceeds and Tenant Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord need not restore fixtures and improvements owned by Tenant.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. (A) If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than that Fifty Thousand and 00/100 ($50,000.0050,000) Dollars occurs within the last twelve (12) months of the Term, then Landlord Lessor (or Lessee with respect to such damage to the Premises within the last 12 months of the Term) may, no later than the sixtieth (60th) day following the damage, give Tenant Lessee (or Lessor, as the case may be) a notice of election to terminate this Lease. In the said event of such election, this Lease shall be deemed to terminate effective on the thirtieth (30th) day after the giving of said notice, and Tenant . Lessee shall surrender possession of the Premises on or prior to such date; before the effective date of termination and the Term Basic Rent and any Additional Rent shall be apportioned as of the date of such damagesaid termination date, and any Term Basic Rent or any Additional Rent paid for any period beyond the effective termination date shall be repaid to Lessee. If the cost of restoration Lessor and Lessee shall not entitle Landlord have the right to terminate this Lease as provided in this Section 9, or if, despite the costLessor's or Lessee's right to terminate, Landlord does not elect Lessor nor Lessee elects to terminate this Lease pursuant to any right contained herein, Landlord Lessor shall (except as set forth in the following sentence) restore the Building and the Premises with reasonable promptness, subject to Force Majeure Majeure, as hereinafter defined and further subject to the availability and adequacy of the insurance proceeds and Tenant Lessee shall have no right to terminate this Lease, except as specifically set forth above in subsection 9(B) below. Notwithstanding the foregoing, if Lessor is required to restore the Building and Premises pursuant to the provisions of this Section 9, Lessee shall, subject to Force Majeure, promptly commence and prosecute restoration of all Lessee Improvement Work, and such other fixtures, improvements or systems owned and/or installed by Lessee, following substantial completion of Lessor's restoration work (or at such earlier time as follows: Lessee and Lessor mutually agree). In addition to all other applicable provisions of this Lease, Lessee's restoration work shall be performed and completed in accordance with the provisions of Sections 6 and 26 hereof. (B) Anything contained in this Section 9 to the contrary notwithstanding, within sixty (60) days after Lessee has given written notice to Lessor of any damage to the Building that materially impairs Lessee's ability to conduct its business in the Premises, Lessor shall deliver to Lessee a statement prepared by a reputable contractor selected by Lessor and reasonably acceptable to Lessee, setting forth such contractor's estimate as to the time required for Lessor to repair such damage to the Building for which Lessor is responsible. If the estimated time period exceeds one hundred eighty (180) days from the date of such damage, Lessee may elect to terminate this Lease by notice to Lessor not later than thirty (30) days following receipt of such statement. If Lessee shall not elect to terminate this Lease as aforesaid (or is not entitled to terminate this Lease pursuant to this Section), then Lessor and Lessee shall restore the Building and the Premises as required herein with reasonable promptness. (C) In the event that following a the Premises shall have been rendered untenantable in whole or part due to damage by fire or other casualty Landlord elects and this Lease shall not have been terminated pursuant to make such repairs and Landlord’s repairs are subsections 9(A) or 9(B) above, then notwithstanding anything in this Section 9 to the contrary, Lessee shall have the right to terminate this Lease if the restoration work to be performed by Lessor with respect to the Building shall not have been substantially completed within one hundred eighty (180) days following of the casualty date of the occurrence of the damage for any reason, subject to delay caused by Lessee or Lessee's employees, agents, or contractors or Force Majeure, but in no event later than two hundred forth (which 240) days in the aggregate after the date will be extended to of occurrence of the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect damage. Lessee shall exercise its right to terminate this Lease by providing 30 days’ giving written notice of termination to Landlord Lessor on or before the date that is thirty (30) days after the expiration of the aforesaid one hundred eighty (180) period, as extended by Force Majeure as aforesaid. In the event Lessee exercises its right to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day following Lessor's receipt of Lessee's written notice of termination, unless the restoration work to be performed by Lessor with respect to the Building shall have been substantially completed within said thirty (30) day period. In the event Lessor determines, as the restoration work progresses, that it will not be able to substantially complete the restoration work to be performed by Lessor with respect to the Building within one hundred eighty (180) days of the date of the vesting of title (whether for Force Majeure or otherwise), Lessor shall promptly notify Lessee in writing ("Delay Notice") of the Lessor's reasonable estimate of time period required to substantially complete such electionrestoration work. Landlord need Lessee shall be deemed to have consented to a delay in the date for substantial completion of the restoration work unless Lessee shall notify Lessor in writing within ten (10) days of its receipt of the Delay Notice that Lessee desires to terminate this Lease in which event the Lease shall terminate thirty (30) days following Lessor's receipt of the written termination notice, provided, however, that Lessee shall not restore fixtures be permitted to terminate this Lease pursuant to this sentence, if substantial completion of Lessor's restoration work can reasonably be achieved within two hundred forty (240) days of the date of the occurrence of the damage. Term Basic Rent and improvements owned Additional Rent shall be apportioned as of the date of the occurrence of the damage if the entire Premises shall have been rendered untenantable or on the effective termination date if only part of the Premises shall have been rendered untenantable. (D) In any case in which use of the Premises (or access thereto) is materially affected by Tenantany damage to the Building, there shall be either an abatement or an equitable reduction in Annual Basic Rent for the period for which and the extent to which the Premises are not reasonably usable and enjoyable for the purpose for which they are leased hereunder. The words "restoration" and "restore" as used in this Section 9 shall include repairs. If the damage results from the fault of Lessee, or Lessee's agents, servants, visitors or licensees, Lessee shall not be entitled to any abatement or reduction in Term Basic Rent, except to the extent of any rent insurance received by Lessor.

DAMAGES TO BUILDING/WAIVER OF SUBROGATION. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably reasonable estimated by LandlordLessor, will equal or exceed twenty-five (25%) percent of the replacement value of the Building (exclusive Exclusive of foundations) just prior to the occurrence of the damage or if any damage to the Premises costing more than Fifty Thousand and 00/100 ($50,000.00) Dollars occurs within the last twelve (12) months of the Termdamage, then Landlord Lessor may, no later than the sixtieth (60th) day following the damage, give Tenant Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty (50%) percent of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Lessee may, no later than the sixtieth (60th) day following the damage, give Lessor a notice of election to terminate this Lease. In the either said event of such election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said such notice, and Tenant Lessee shall surrender possession of the Premises on or prior to such date; within a reasonable time thereafter, and the Basic Rent Rent, and any Additional Rent additional Rent, shall be apportioned as of the date of such damageLessee was unable to use the Premises, and any Basic or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration as estimated by Lessor shall not entitle Landlord amount to terminate this Lease less than twenty-five (25%) percent of said replacement value of the Building, or if, despite the cost, Landlord Lessor does not elect to terminate this Lease pursuant to any right contained hereinLease, Landlord Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure force majeure, and further subject to the availability and adequacy of the insurance proceeds and Tenant Lessee shall have no right to terminate this Lease, except as specifically set forth above and as follows: In the event that following a casualty Landlord elects to make such repairs and Landlord’s repairs are not substantially completed within one hundred eighty (180) days following the casualty (which date will be extended to the extent the work is in progress and Landlord is diligently pursuing the completion of same), then Tenant may elect to terminate this Lease by providing 30 days’ written notice to Landlord of such election. Landlord Lessor need not restore fixtures and improvements owned by TenantLessee. Notwithstanding the provisions of this paragraph 11 of the lease, in any event of loss or damage to the Building, the Premises and/or contents, the Lessor and Lessee shall look first to any insurance in its favor before making any claim against each other and, to the extent possible without additional cost, each party shall obtain, for each policy of insurance, provisions permitting waiver of any claim against each other for loss or damage within the scope of such insurance, and the Lessor and Lessee, to such extent permitted, for itself and its insured waives all such insured claims against Lessor.