Common use of DAMAGES TO BUILDING Clause in Contracts

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damagedamage 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 Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or or, if the cost of restoration will equal or exceed fifty percent (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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, ; and the Fixed Basic Rent, Rent and any Additional Rent, Rent shall be apportioned as of the date of said surrender surrender, and any Fixed 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 Lessor to terminate this Lease, Lease or if, despite the cost, Lessor does not elect to terminate this LeaseLease pursuant to any right contained herein or if Lessor shall have no such right, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, as hereinafter defined and subject to the availability and adequacy of the insurance proceeds and Lessee shall have no right to terminate this Lease, except as specifically set forth above. Lessor need not restore fixtures and improvements owned by Lessee. In any case in which use of the Premises is affected by any damage to the Building, there shall be either an abatement or an equitable reduction in Fixed Basic Rent, depending on the period for which and the extent to which the Premises are not reasona­bly usable for the purpose for which they are leased hereunder. The words “restoration” and “restore” as used in this Article shall include repairs.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) percent of such replacement value or if the estimated repair time (as determined by Lessor) is more than one hundred fifty (150) days, 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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, ; and the Term Fixed Basic Rent, Rent and any Additional Rent, Rent shall be apportioned as of the date of said surrender surrender, and any Term Fixed Basic Rent or 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 Lessor to terminate this Lease, Lease or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, as hereinafter defined, and except as stated above, Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damagedamage or if Lessee's use of the Premises is materially affected by such fire or other cause, and the damage or restoration is not substantially completed within one hundred eighty days following such damage or destruction, then Lessor either party may, no later than the sixtieth (60th) 180th day following the date of damage, damage give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor other party a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth Thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, thereafter and the Fixed Basic Rentbasic rent, and any Additional Rent, additional rent shall be apportioned as of the date of said surrender and any Fixed Basic Rent basic or Additional Rent additional rent paid for any period beyond said date shall be repaid to Lessee. Notwithstanding the foregoing, if Lessee has given such notice ant the repairs or restoration shall be substantially completed within such thirty (30) day period the lease shall continue in full force and effect as if such notice to terminate had not been given. If the cost of restoration as estimated by the Lessor shall not entitle Lessor amount to terminate this Lease, less than Twenty Five (25%) percent of said replacement value of the building or if, despite the cost, Lessor and Lessee does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. A. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LessorLandlord, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor maythen, no later than the sixtieth (60th) day following the date of damage, Landlord may give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor Tenant a notice of election to terminate this Lease. In either said event of electionsuch event, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee Tenant shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rentbase rent, and any Additional Rentadditional rent, shall be apportioned as of the date of said surrender damage and any Fixed Basic Rent base or Additional Rent additional rent paid for any period beyond said date shall be repaid to LesseeTenant. If the cost of restoration as estimated by Landlord shall not entitle Lessor amount to terminate this Leaseless than twenty-five (25%) percent of said replacement value of the Building, or if, despite the cost, Lessor Landlord does not elect to terminate this Lease, Lessor Landlord shall restore the Building and the Premises with reasonable promptness, subject to Force Majeuredelays beyond Landlord's control, and Lessee delays in the making of insurance adjustments between Landlord and the insurance carrier, and Tenant shall have no right to terminate this Lease. Lessor Landlord need not restore fixtures and improvements owned by LesseeTenant nor improvements installed by Tenant unless such fixtures and improvements have become part of the Building and are owned by the Landlord. Except as provided herein, there shall be no abatement of rent in the event of a fire or other casualty.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then or if restoration of the damage will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred eighty (180) days from the date of damage, then, in any such event, Lessee may, no later than the sixtieth (60th) day following the date of damagedamage or following the end of said one hundred eighty (180) day period, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender casualty and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration or condition of the Premises shall not entitle Lessor or Lessee to terminate this Lease, or if, despite the costcost or such condition, neither Lessor does not elect nor Lessee elects to terminate this LeaseLease within the periods provided above, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease, except as set forth above. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, ; and the Term Fixed Basic Rent, Rent and any Additional Rent, Rent shall be apportioned as of the date of said surrender surrender, and any Term Fixed Basic Rent or 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 Lessor to terminate this Lease, Lease or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, as hereinafter defined, and except as stated above, Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee. Except as provided in Section 5 hereof, notwithstanding the provisions of this Section or any other provision of this Lease, Lessor shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered by the provisions of this Section occur during the last twelve (12) months of the Term or any extension thereof.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if provided Lessor similarly gives such notice to the cost of restoration will equal or exceed other tenants occupying collectively no less than fifty percent (50%) percent of such replacement value and the space of the Building, or if the Premises shall not be reasonably usable for the purpose for which they are leased hereunderhereunder for a period in excess of seven (7) months from the date of the damage, then Lessee may, no later than the sixtieth (60th) day following the date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date, or such earlier date as of which the Premises became unusable by reason of such casualty, shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptnesspromptness within seven (7) months after the date of the damage, subject to Force Majeure, and and, provided Lessor delivers an architect's or engineer's certificate that restoration can be completed within seven (7) months and, in fact, Lessor completes restoration within seven (7) months from the date of the damage, Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee.* In any case in which use of the Premises is affected by any damage to the Building, there shall be either an abatement or an equitable reduction in Fixed Basic Rent, depending on

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-thirty- five percent (2535%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender damage and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned or installed by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then or if restoration of the damage will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred (180) days from the date of damage, then, in any such event, Lessee may, no later than the sixtieth (60th) day following the date of damagedamage or following the end of said one hundred eighty (180) day period, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender casualty and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease, except as set forth above. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement replace ment 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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this LeaseLease except as otherwise provided herein. In the event Lessor elects to restore, Lessor shall commence to restore the Building and Premises no later than the ninetieth (90th) day following damage. In the event that Lessor has not completed such restoration within two- hundred seventy (270) days following such damage, Lessee may terminate this Lease upon thirty (30) days prior written notice to Lessor coinciding with the end of a calendar month. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall shall, surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, if despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. (a) If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five fifty percent (2550%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth thirtieth (60th30th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if restoration of the cost damage will require more than twelve (12) months to complete based upon the reasonable estimate of restoration will equal or exceed fifty percent Lessor's architect/engineer (50%a copy of which shall be delivered by Lessor to Lessee within sixty (60) days after the date of such replacement value damage), or if such damage is not fully repaired and if reasonable access to the Premises shall not be reasonably usable for restored within twelve (12) months from the purpose for which they are leased hereunderdate of damage, then then, in any such event Lessee may, no later than the sixtieth thirtieth (60th30th) day following the date of damageLessee's receipt of the estimate of the architect/engineer or following the end of said twelve (12) month period, give Lessor a notice of election to terminate this Lease. In either of said event of electionevents, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thirty (30) days thereafter, and the Fixed Basic Rent, Rent and any Additional Rent, shall be apportioned as of the date of said surrender surrender, and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to LesseeLessee (such obligation to survive the termination of this Lease). If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, promptness and Lessee shall have no right to terminate this Lease, except as set forth above. The time period set forth above for completion of the restoration shall be extended for Force Majeure (as hereinafter defined), which extension for Force Majeure shall not exceed sixty (60) days. Lessor need not restore Lessee's trade fixtures and personal property, e.g. workstations, furniture, office equipment, etc. Without limiting the foregoing, any improvements owned that were installed by Lessee as permitted in this Lease, and any improvements that were, installed by Lessor and became either Lessor's or Lessee's property upon, installation pursuant to the terms of this Lease, shall be insured by Lessee and restored by Lessor to the extent such insurance proceeds are made available to Lessor. Notwithstanding anything contained herein to the contrary, if the Building is damaged by uninsured cause, or if the proceeds of insurance are insufficient to, pay for the repair of any damage to the Building, Lessor will have the option, either to elect to repair the damage or terminate this Lease, and Lessor shall elect such option no later than sixtieth (60th) day following the date of damage. In any case in which use of the Property is affected by any damage thereto, there shall be either an abatement or an equitable reduction in Fixed Basic Rent and Additional Rent, depending on the period for which and the extent to which the Property are not reasonably usable by Lessee for its business operations at the Property. The words "restoration" and "restore" as used in this Article shall include repairs and the words "repair" and "repairs" as used in this Article shall include restoration.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restorationthat time to repair, as reasonably estimated determined by Lessoran independent architect ("Architect's Notice") within thirty (30) days of the casualty, will equal or exceed twenty-five percent nine (25%9) months (excluding delays for reason of the replacement value of the Building (exclusive of foundationsForce Majeure) just prior to the occurrence of the damage, then Lessor either party may, no later than the sixtieth fifteenth (60th15th) day following receipt of the date of damageArchitect's Notice, give Lessee a notice of election deliver to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor other a notice of election to terminate this Lease. In either said the event of electionelection to terminate, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect neither party elects to terminate this Lease, Lessor shall shall, subject to the availability and adequacy of the insurance proceeds restore the Building and the Premises with reasonable promptness, subject to Force MajeureMajeure (as hereinabove defined), and Lessee shall have no right to terminate this Lease, unless the Demised Premises are not substantially restored and lawfully habitable as evidenced by the issuance of a Certificate of Occupancy within twelve months from the date of casualty, subject to Force Majeure. If the damage occurs within the last twelve months of the Lease and the Architect's Notice stipulates a repair period exceeding six months, then Lessee or Lessor need shall have a right to terminate in accordance with the provisions hereof. Lessee understands that Lessor will not carry insurance of any kind on Lessee's furniture, fixtures, equipment or improvements and Lessor shall not restore said fixtures and improvements owned by Lessee, including any alterations made pursuant to Paragraph 7 or elsewhere unless Lessor shall have received full reimbursement for replacement of the Building plus, an amount in excess thereof to cover the cost of repair or replacement of Lessee's installations. This language shall apply notwithstanding Lessor's ownership of Lessee's installation by reason of the language in Paragraph 7.

DAMAGES TO BUILDING. A. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LessorLandlord, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor maythen, no later than the sixtieth (60th) day following the date of damage, Landlord may give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor Tenant a notice of election to terminate this Lease. In either said event of electionsuch event, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee Tenant shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rentbase rent, and any Additional Rentadditional rent, shall be apportioned as of the date of said surrender damage and any Fixed Basic Rent base or Additional Rent additional rent paid for any period beyond said date shall be repaid to LesseeTenant. If the cost of restoration as estimated by Landlord shall not entitle Lessor amount to terminate this Leaseless than twenty-five (25%) percent of said replacement value of the Building, or if, despite the cost, Lessor Landlord does not elect to terminate this Lease, Lessor Landlord shall restore the Building and the Premises with reasonable promptness, subject to Force Majeuredelays beyond Landlord’s control, and Lessee delays in the making of insurance adjustments between Landlord and the insurance carrier, and Tenant shall have no right to terminate this Lease. Lessor Landlord need not restore fixtures and improvements owned by LesseeTenant nor improvements installed by Tenant unless such fixtures and improvements have become part of the Building and are owned by the Landlord. Except as provided herein, there shall be no abatement of rent in the event of a fire or other casualty.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by LessorLandlord, will equal or exceed twenty-five percent twenty‑five (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor Landlord may, no later than the sixtieth (60th) day following the damage, give Tenant a notice electing to terminate this Lease, or if restoration of the damage to the Premises will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred eighty (180) days from the date of damage, then, in any such event, then Tenant may, no later than the sixtieth (60th) day following the date of damagedamage or following the end of said one hundred eighty (180) day period, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) 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 date of damage, give Lessor Landlord a notice of election to terminate this Lease. In either said event of electionsuch event, this Lease shall be deemed to will terminate on the thirtieth (30th) day after the giving of said such notice, and Lessee shall Tenant will surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent on or Additional Rent paid for any period beyond said date shall be repaid to Lesseebefore such date. If the cost of restoration shall this Lease is not entitle Lessor terminated pursuant to terminate this LeaseArticle, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall Landlord will restore the Building and the Premises with reasonable promptness, subject to Force Majeure, as defined in Article 30 e) below, and Lessee subject to the availability and adequacy of the insurance proceeds. Landlord shall have no right not be obligated to terminate this Lease. Lessor need not restore fixtures and improvements owned by LesseeTenant. Notwithstanding anything to the contrary contained herein, if more than twenty-five percent (25%) of the Premises shall be rendered untenantable for the normal conduct of Tenant's business as a result of a fire or casualty during the last twelve (12) months of the Term, then the terms and conditions of this Article 8 shall continue to control and be binding upon Landlord and Tenant except that: (i) Tenant shall have the right to terminate this Lease by giving notice to Landlord in accordance with this Article 8 if Landlord’s estimated time of restoration provides that the substantial completion of the repairs of the Premises which are Landlord's responsibility will take longer than one hundred twenty (120) days from the date of the casualty. In any case in which use of the Premises is affected by any damage to the Building, there will be either an abatement or an equitable reduction in Fixed Basic Rent, depending on the period for which and the extent to which the Premises are not reasonably usable for general office use. The words “restoration” and “restore” as used in this Article will include repairs.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by LessorLandlord, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor Landlord may, no later than the sixtieth (60th) day following the date of damage, give Lessee Tenant a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then Lessee or if restoration of the damage to the Premises will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred eighty (180) days from the date of damage, then, in any such event, Tenant may, no later than the sixtieth (60th) day following the date of damagedamage or following the end of said one hundred eighty (180) day period, give Lessor Landlord a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee Tenant shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender casualty and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to LesseeTenant. If the cost of restoration shall not entitle Lessor Landlord to terminate this Lease, or if, despite the cost, Lessor Landlord does not elect to terminate this Lease, Lessor Landlord shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee Tenant shall have no right to terminate this Lease, except as set forth above. Lessor Landlord need not restore fixtures and improvements owned by LesseeTenant. In any case in which use of the Premises is affected by any damage to the Building, there will be either an abatement or an equitable reduction in Fixed Basic Rent, and any Additional Rent, depending on the period for which and the extent to which the Premises are not reasonably usable for general office use. The words “restoration” and “restore” as used in this Article will include repairs.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a prior written notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then or if restoration of the damage will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred eighty (180) days from the date of damage, then, in any such event, Lessee may, no later than the sixtieth (60th) day following the date of damage or following the end of said one hundred eighty (180) days from the date of damage, then, in any such event, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender damage and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall diligently restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease, except as set forth above. Lessor need not restore fixtures and improvements owned by Lessee. Lessee shall be responsible for restoring all fixtures and improvements owned by Lessee and Lessor shall be responsible for restoring all fixtures and improvements owned by Lessor.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then or if restoration of the damage will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred eighty (180) days from the date of damage, subject, however, to Force Majeure, then, in any such event, Lessee may, no later than the sixtieth (60th) day following the date of damagedamage or following the end of said one hundred eighty (180) day period, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. , If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee.

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (50%) of such replacement value and if the Premises shall not be reasonably usable for the purpose for which they are leased hereunder, then and if restoration of the damage will require more than one hundred eighty (180) days to complete or if such damage is not fully repaired and reasonable access to the Premises restored within one hundred eighty (180) days from the date of damage, then, in any such event Lessee may, no later than the sixtieth (60th) day following the date of damagedamage or following the end of said one hundred eighty (180) day period, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth tenth (30th10th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, and the Fixed Basic Rent, and any Additional Rent, shall be apportioned as of the date of said surrender and any Fixed Basic Rent or Additional Rent paid for any period beyond said date shall be repaid to Lessee. If the cost of restoration shall not entitle Lessor to terminate this Lease, or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, and Lessee shall have no right to terminate this Lease, except as set forth above. Lessor need not restore fixtures and improvements owned by Lessee.*

DAMAGES TO BUILDING. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed twenty-five percent (25%) percent of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the date of damage, give Lessee a notice of election to terminate this Lease, or if the cost of restoration will equal or exceed fifty percent (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 date of damage, give Lessor a notice of election to terminate this Lease. In either said event of election, this Lease shall be deemed to terminate on the thirtieth (30th) day after the giving of said notice, and Lessee shall surrender possession of the Premises within a reasonable time thereafter, ; and the Term Fixed Basic Rent, Rent and any Additional Rent, Rent shall be apportioned as of the date of said surrender surrender, and any Term Fixed Basic Rent or 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 Lessor to terminate this Lease, Lease or if, despite the cost, Lessor does not elect to terminate this Lease, Lessor shall restore the Building and the Premises with reasonable promptness, subject to Force Majeure, as hereinafter defined, and except as stated above, Lessee shall have no right to terminate this Lease. Lessor need not restore fixtures and improvements owned by Lessee. Except as provided in Section 5 hereof, notwithstanding the provisions of this Section or any other provision of this Lease, Lessor shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered by the provisions of this Section occur during the last six (6) months of the Term or any extension thereof.